Skip to main content

Full text of "Senate Report 93-549: Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency; Report of the Special Committee on the Termination of the National Emergency"

See other formats


93d  Congress  1 
1st  Sessio7i  j 


SENATE 


Report 
No.  93-549 


EMERGENCY  POWERS  STATUTES: 
Provisions  of  Federal  Law 
^Noav  in  Effect  Delegating  to  the 
Executive  Extraordinary  Authority 
in  Time  of  National  Emergency 


REPORT 

OF  THE 

SPECIAL  COMMITTEE  ON  THE 
TERMINATION  OF  THE 
NATIONAL  EMERGENCY 
UNITED  STATES  SENATE 


NOVEMBER  19,  1973 


24-509  O 


U.S.  GOVERNMENT  PRINTING  OFFICE 
"WASHINGTON  •  1973 


SPECIAL  COMMITTEE  ON  THE 
TERMINATION  OF  THE  NATIONAL  EMERGENCY 


FRANK  CHURCH,  Idaho  Co-Chairmen 
PHILIP  A.  HART,  Michigan 
CLAIBORNE  PELL,  Rhode  Island 
ADLAI  E.  STEVENSON  III,  Illinois 


CHARLES  McC.  MATHIAS,  Jb.,  Maryland 
CLIFFORD  P.   CASE,  New  Jersey 
JAMES  B.  PEARSON,  Kansas 
CLIFFORD  P.  HANSEN,  Wyoming 


WILLIAU  G.  M1LLEB,  Btaff  Director 
Thomas  A.  Dine,  Professional  Staff 


(ID 


FOREWORD 


Since  March  9, 1933,  the  United  States  has  been  in  a  state  of  declared 
national  emergency.  In  fact,  there  are  now  in  effect  four  presiden- 
tially  proclaimed  states  of  national  emergency:  In  addition  to  the 
national  emergency  declared  by  President  Roosevelt  in  1933,  there  are 
also  the  national  emergency  proclaimed  by  President  Truman  on  De- 
cember 16, 1950,  during  the  Korean  conflict,  and  the  states  of  national 
emergency  declared  by  President  Nixon  on  March  23,  1970,  and 
August  15, 1971. 

These  proclamations  give  force  to  470  provisions  of  Federal 
law.  These  hundreds  of  statutes  delegate  to  the  President  extraor- 
dinary powers,  ordinarily  exercised  by  the  Congress,  which  affect  the 
lives  of  American  citizens  in  a  host  of  all-encompassing  manners.  This 
vast  range  of  powers,  taken  together,  confer  enough  authority  to  rule 
the  country  without  reference  to  normal  constitutional  processes. 

Under  the  powers  delegated  by  these  statutes,  the  President  may : 
seize  property;  organize  and  control  the  means  of  production;  seize 
commodities;  assign  military  forces  abroad;  institute  martial  law; 
seize  and  control  all  transportation  and  communication ;  regulate  the 
operation  of  private  enterprise ;  restrict  travel ;  and,  in  a  plethora  of 
particular  ways,  control  the  lives  of  all  American  citizens. 

With  the  melting  of  the  cold  war— the  developing  detente  with  the 
Soviet  Union  and  China,  the  stable  truce  of  over  20  years  duration 
between  North  and  South  Korea,  and  the  end  of  U.S.  involvement  in 
the  war  in  Indochina — there  is  no  present  need  for  the  United  States 
Government  to  continue  to  function  under  emergency  conditions. 

The  Special  Committee  on  the  Termination  of  the  National  Emer- 
gency was  created  1  to  examine  the  consequences  of  terminating  the  de- 
clared states  of  national  emergency  that  now  prevail;  to  recommend 
what  steps  the  Congress  should  take  to  ensure  that  the  termination  can 
be  accomplished  without  adverse  effect  upon  the  necessary  tasks  of  gov- 
erning; and,  also,  to  recommend  ways  in  which  the  United  States  can 
meet  future  emergency  situations  with  speed  and  effectiveness  but 
without  relinquishment  of  congressional  oversight  and  control. 

In  accordance  with  this  mandate,  the  Special  Committee — in  con- 
junction with  the  Executive  branch,  expert  constitutional  authorities, 
as  well  as  former  high  officials  of  this  Government — is  now  engaged 


1  S.  Res.  9,  93d  Cong.,  1st  Seas. 


(iii) 


IV 


in  a  detailed  study  to  determine  the  most  reasonable  ways  to  restore 
normalcy  to  the  operations  of  our  Government. 

A  first  and  necessary  step  was  to  bring  together  the  body  of  statutes, 
which  have  been  passed  by  Congress,  conferring  extraordinary 
powers  upon  the  Executive  branch  in  times  of  national  emergency. 
This  has  been  a  most  difficult  task.  Nowhere  in  the  Government,  in 
either  the  Executive  or  Legislative  branches,  did  there  exist  a  com- 
plete catalog  of  all  emergency  statutes.  Many  were  aware  that  there 
had  been  a  delegation  of  an  enormous  amount  of  power  but,  of  how 
much  power,  no  one  knew.  In  order  to  correct  this  situation,  the 
Special  Committee  staff  was  instructed  to  work  with  the  Executive 
branch,  the  Library  of  Congress,  and  knowledgeable  legal  authorities 
to  compile  an  authoritative  list  of  delegated  emergency  powers. 

This  Special  Committee  study,  which  contains  a  list  of  all  provisions 
of  Federal  law,  except  the  most  trivial,  conferring  extraordinary 
powers  in  time  of  national  emergency,  was  compiled  by  the  staff  under 
the  direction  of  Staff  Director  William  G.  Miller,  and  Mr.  Thomas  A. 
Dine ;  utilizing  the  help  of  the  General  Accounting  Office,  the  Ameri- 
can Law  Division  of  the  Library  of  Congress,  the  Department  of 
Justice,  the  Department  of  Defense,  and  the  Office  of  Emergency 
Planning. 

The  Special  Committee  is  grateful  for  the  assistance  provided  by 
Jack  Goldklang  of  the  Office  of  Legal  Counsel,  Department  of  J ustice ; 
Lester  S.  Jayson,  the  director  of  the  Congressional  Kesearch  Service 
of  the  Library  of  Congress;  Joseph  E.  Koss,  head  of  the  American 
Law  Division  of  CKS ;  and  especially  Raymond  Celada  of  the  Ameri- 
can Law  Division  and  his  able  assistants,  Charles  V.  Dale  and  Grover 
S.  Williams ;  Paul  Armstrong  of  the  General  Accounting  Office ;  Linda 
Lee,  Patrick  Norton,  Koland  Moore,  William  K.  Sawyer,  Audrey 
Hatry,  Martha  Mecham,  and  David  J.  Kyte. 

The  Special  Committee  will  also  publish  a  list  of  Executive  Orders, 
issued  pursuant  to  statutes  brought  into  force  by  declared  states  of 
emergency,  at  a  later  date. 

Charles  McC.  Matiiias,  Jr. 
Frank  Church, 

Co-Chairmen. 


CONTENTS 

Page 


Foreword   III 

Introduction: 

A — A  brief  historical  sketch  of  the  origins  of  emergency  powers  now  in 

force   1 

B — Summary  views  of  the  present  status  of  emergency  powers  statutes,  6 
Textual  Note: 

Compiling  the  texts  of  emergency  power  statutes   15 

Summary  of  statutes  delegating  powers  in  time  of  war  or  national 
emergency: 

United  States  Code : 

Title  2   17 

5   _   17 

7        18 

8     _    18 

10_  _     19 

12__  _  _   29 

14  _  _   29 

15.  _  _._    30 

16_  _     30 

18  _     31 

19       32 

20  _  __   32 

22    •_   _   33 

25...   33 

26..  _   33 

29    34 

31_.  _  _  _   34 

32   34 

33    _   35 

35..    35 

37       35 

38   36 

40  _     36 

41  _     37 

42....  _    37 

43.  _  _  _   38 

44   39 

45..       39 

46   _   39 

47..  _  __   41 

49    _      _.  41 

50...   42 

50  App      43 

Public  Laws,  enacted  by: 

68th  Congress      47 

69tb  Congress   _   47 

71st  Congress   48 

72d  Congress   48 

74th  Congress   48 

75th  Congress   49 

79th  Congress     50 

80th  Congress      50 

81st  Congress   50 

82d  Congreas   51 


(V) 


VI 


"Summary  of  statutes  delegating  powers  in  time  of  war  or  national 
emergency — Continued 

Public  Laws,  enacted  by — Continued  P»f» 

83d  Congress  _    51 

84th  Congreas    54 

85tb  Congress     58 

86tb  Congress  _     60 

87th  Congress                                           "    61 

88th  Congress                                                            _   61 

89th  Congress  __  _   62 

91st  Congress     62 

92d  Congress    62 

Texts  of  statutes  delegating  powers  in  time  of  war  or  national  emergency: 
United  States  Code,  Title  2 — The  Congress: 

2  U.S.C.    198.  Adjournment.   65 

United  States  Code,  Title  5 — Government  Organizations  and  Em- 
ployees : 

5  U.S.C.    701.  Application;  definitions  —  65 

702.  Right  of  review.   66 

3101.  General  authority  to  employ.    66 

3326.  Appointments  of  retired  members  of  the  Armed 
Forces  to  positions  in  the  Department  of 

Defense     68 

5305.  Annual  pay  reports  and  adjustments   69 

5335.  Periodic  step-increases   70 

5532.  Employment  of  retired  officers  of  the  uniformed 
services ;  reduced  in  retired  or  retirement  pay ; 

exceptions   71 

5564.  Travel  and  transportation;  dependents;  house- 
hold and  personal  effects;  motor  vehicles; 
sale  of  bulky  items ;  claims  for  proceeds ; 

appropriation  chargeable   72 

8332.  Creditable  service   .  74 

United  States  Code,  Title  7 — Agriculture: 

7  U.S.C.  1158.  Suspension  of  quota  and  authorization  provi- 

sions  76 

1332.  National  marketing  quota   78 

1371.  General  adjustment  of  quotas   79 

1743.  Reduction  of  set-aside   80 

1903.  Limitations  on  Government  procurement  and 
price  support;  modification  during  national 
emergency ;  statement  of  eligibility,  81 
United  States  Code,  Title  8— Aliens  and  Nationality: 

8  U.S.C.  1182.  Excludable  aliens  __    82 

1185.  Travel  control  of  citizens  and  aliens  during  war 

or  national  emergency   82 

1440.  Naturalization  through  active-duty'service  in 
the  Armed  Forces  during  World  War  I 
World  War  II,  Korean  hostilities,  Vietnam 
hostilities,  or  other  periods  of  military  hostili- 
ties—  _    gg 

1440e.  Exemption  from  naturalization  fees  for  aliens 
naturalized  through  service  during  Vietnam 
hostilities  or  other  subsequent  period  of 
military  hostilities;  reports  by  clerks  of  courts 
to  Attorney  General   QA 

1442.  Alien  enemies   \   jj!* 

148 1 .  Loss  of  nationality  by  nati  ve-bo~raor  naturahied 
citizen;  voluntary  action;  burden  of  nranf- 
presumptions    F      *  g 


VII 


Uaited'States  Code,  Title  10— Armed  Forces: 

10  U.S.C-il23.  Suspension  of  certain  provisions  of  law  relating 

to  reserve  commissioned  officers    89 

125.  Functions,  powers,  and  duties;  transfer,  reas- 
signment, concolidation,  or  abolition   90 

142.  Chairman    91 

143.  Joint  Staff   92 

262.  Purpose.-  __   93 

263.  Basic  policy  for  order  into  Federal  service   94 

269.  Ready  Reserve:  placement  in;  transfer  from__  95 

271.  Ready  Reserve:  continuous  screening   96 

331.  Federal  aid  for  State  government   __  96 

332.  Use  of  militia  and  Armed  Forces  to  enforce 

Federal  authority   97 

333.  Interference  with  State  and  Federal  laws   97 

334.  Proclamation  to  disperse   97 

351.  During  war  or  threat  to  national  security   97 

506.  Regular  components:  extension  of  enlistments 

during  war     98 

511.  Reserve  components:  terms   99 

519.  Temporary  enlistments:  during  war  or  emer- 
gency  100 

565.  Warrant  officers:  suspension  of  laws  for  promo- 
tion or  mandatory  retirement  or  separation 

during  war  or  emergency     101 

599.  Warrant  officers:  suspension  of  laws  for  promo- 
tion or  mandatory  retirement  or  separation 

during  war  or  emergency   101 

671a.  Members:  service  extension  during  war   101 

671b.  Members:  service  extension  when  Congress  is 

not  in  session     101 

672.  Reserve  components  generally   103 

673.  Ready  Reserve     104 

674.  Standby  Reserve     106 

675.  Retired  Reserve     107 

679.  Active  duty  agreements   107 

681.  Reserves:  release  from  active  duty   108 

687.  Non-Regulars:  readjustment  payment  upon  in- 
voluntary release  from  active  duty   108 

712.  Foreign  governments:  detail  to  assist   110 

802.  Art.  2.  Persons  subject  to  this  chapter   112 

843.  Art.  43.  Statute  of  limitations   113 

871.  Art.  71.  Execution  of  sentence;  suspension  of 

sentence   114 

1035.  Deposits  of  savings   115 

1161.  Commissioned  officers:  limitations  on  dismissal.  116 

2231.  Purpose     --  116 

2233.  Acquisition   117 

2235.  Administration;  other  use  permitted  by  Secre- 

tary      118 

2236.  Contributions  to  States ;  other  use  permitted  by 

States     118 

2304.  Purchases  and  contracts:  formal  advertising; 

exceptions   119 

2542.  Equipment  for  instruction  and  practice:  Amer- 
ican National  Red  Cross   123 

2602.  American  National  Red  Cross;  cooperation  and 

assistance   123 

2604.  United  Seamen's  Service:  cooperation  and  as- 
sistance     124 


VIII 

Texts  of  statutes  delegating  power  in  time  of  war  or  emergency — Continued 
United  States  Code,  Title  10— Armed  Forces— Continued 

10  U.S.C.  2632.  Transportation  to  and  from  certain  places  of  pa|* 
employment  

2663.  Acquisition    7— 

2664.  Acquisition  of  property  for  lumber  production-  i^/ 

2667.  Leases:  non-excess  property  

2674.  Establishment  and  development  of  military 

facilities  and  installations  costing  less  than 
$300,000  ----- 

2733.  Property  loss;  personal  injury  or  death;  incident 

to  noncombat  activities  of  Department  of 
Army,  Navy,  or  Air  Force  --  -r 

2734.  Property  loss;  personal  injury  or  death:  inci- 

dent to  noncombat  activities  of  the  Armed 
Forces;  foreign  countries   131 

3031.  Composition:  assignment  and  detail  of  mem- 
bers of  Army  and  civilians   133 

3034.  Chief  of  Staff :  appointment;  duties  _--  134 

3062.  Policy;  composition;  organized  peace  establish- 

ment  135 

3063.  Basic  branches   --  136 

3201.  Army:  members  on  active  duty   136 

3202.  Army:  officers  in  certain  commissioned  grades.  137 
3313.  Suspension  of  laws  for  promotion  or  mandatory 

retirement  or  separation  during  war  or  emer- 
gency  138 

3444.  Commissioned  officers:  during  war  or  emer- 

gency  139 

3445.  Officers:  additional  appointment  during  war  or 

emergency   139 

3500.  Army  National  Guard  in  Federal  service:  call.-  140 

3741.  Medal  of  Honor:  award    140 

3742.  Distinguished  Service  Cross:  award   141 

3746.  Silver  Star:  award    141 

3750.  Soldier's  Medal:  award;  limitations   142 

4025.  Production  of  supplies  and  munitions :  hours  and 

pay  of  laborers  and  mechanics   142 

4501.  Industrial  mobilization:  orders;  priorities;  pos- 

session of  manufacturing  plants;  violations..  142 

4502.  Industrial  mobilization:  plants;  lists;  Board  on 

Mobilization    of    Industries    Essential  for 

Military  Preparedness   143 

4742.  Control  of  transportation  systems  in  time  of 

war      143 

4776.  Emergency  construction:  fortifications   144 

4780.  Acquisition  of  buildings  in  District  of  Columbia.  144 
5081.  Chief  of  Naval  Operations:  appointment;  term 

of  office;  powers;  duties   144 

5201.  Commandant:  appointment;  term;  emoluments.  145 

5231.  Navy  positions:  admirals  and  vice  admirals   146 

5232.  Marine  Corps  positions:  general  and  lieutenant 

general       146 

5234.  Suspension  provision   147 

5402.  Regular  Marine  Corps:  total;  enlisted  members  I  148 

5447.  Navy:  line  officers  on  the  active  list;  permanent 

grade   14g 

5448.  Marine  Corps:  officers  on  the  active  list;  perma- 

nent grade   15q 

5449.  Navy:  staff  corps  officers  on  the  active  list- 

permanent  grade   _  ' 

5450.  Regular  Navy:  retired  flag  officers  "on  "active 

duty     j  53 

5451.  Suspension:  preceding  sections   153 


IX 


10  U.S.C.  5597.  Navy  and  Marine  Corps:  temporary  appoint-  paB« 
ments  in  time  of  war  or  national  emergency.  _  153 

5598.  Naval  Reserve  and  Marine  Corps  Reserve : 

temporary  appointments  in  time  of  war  or 
national  emergency   154 

5599.  Medical  Corps:  acting  appointments  for  tempo- 

rary service   155 

5662.  Suspension:  preceding  sections   155 

5711.  Suspension  and  exceptions:  preceding  sections.,  156 

5785.  Suspension:  preceding  sections   157 

5787.  Temporary   promotions  in   time   of  war  or 

national  emergency   157 

5982.  Ships  and  squadrons:  detail  of  retired  officers  to 

command   _    160 

6241.  Medal  of  Honor   161 

6242.  Navy  Cross    161 

6244.  Silver  Star  Medal    161 

6246.  Navy  and  Marine  Corps  Medal   162 

6386.  Suspension:  preceding  sections   __  162 

6408.  Navy  and  Marine  Corps;  warrant  officers;  W-l: 

limitation  on  dismissal   —  163 

6481.  Retired  officers  of  the  Regular  Navy  and 

Regular  Marine  Corps:  authority  to  recall   163 

6482.  Retired  enlisted  members  of  the  Regular  Navy 

and  Regular  Marine  Corps :  authority  to 
recall   163 

6485.  Members  of  the  Fleet  Reserve  and  Fleet  Marine 

Corps  Reserve:  authority  to  recall   164 

6486.  Members  of  the  Fleet  Reserve  and  Fleet  Ma- 

rine Corps  Reserve:  release  from  active  duty.  164 

6487.  Retired  rear  admirals:  retired  pay  after  2  years 

of  active  duty     164 

6911.  Aviation  cadets:  grade;  procurement;  transfer.  165 
7224.  Transportation  on  naval  vessels  during  war- 
time  165 

7722.  Stay  of  suit   165' 

7724.  Stay  of  proceedings  for  taking  evidence,  before 

suit  is  filed   166 

7727.  Duration  of  stay    166 

8031.  Composition:  assignment  and  detail  of  members 

of  Air  Force  and  civilians   168 

8034.  Chief  of  Staff :  appointment;  duties...   169 

8202.  Air   Force:  officers   in   certain  commissioned 

grades   170 

8212.  Regular  Air  Force;  Air  Force  Reserve;  Air 
National  Guard  of  United  States:  strength 

in  grade;  temporary  increases   171 

8257.  Regular  Air  Force:  aviation  cadets;  qualifica- 
tions, grade,  limitations   171 

8313.  Suspension  of  laws  for  promotion  or  mandatory 
retirement   or   separation   during   war  or 

emergency   172 

8395.  During  war    172 

8444.  Commissioned  officers:  during  war  or  emer- 

gency  172 

8445.  Officers:  additional  appointments  during  war 

or  emergency   173 

8500.  Air  National  Guard  in  Federal  service:  call   173 

8741.  Medal  of  Honor:  award    173 

8742.  Air  Force  Cross :  award   174 

8746.  Silver  Star:  award   174 

8750.  Airman's  Medal:  award;  limitations   175 


Texts  of  statutes  delegating  power  In  time  of  war  or  emergency — Continued 

United  States  Code,  Title  10— Armed  Forces—Continued  PaK6 

10U.S.C.  9022.  Contract  surgeons   --  175 

9025.  Production  of  supplies  and  munitions:  hours 

and  pay  of  laborers  and  mechanics   J  'j? 

9441.  Status:  support  by  Air  Force;  employment   i'*> 

9501.  Industrial  mobilization:  orders;  priorities;  pos- 

session  of  manufacturing  plants;  violations--  17o 

9502.  Industrial  mobilization:  plants;  lists;  Board  on 

Mobilization  of  Industries  Essential  for  Md- 

itary  Preparedness   J*,? 

9591.  Utilities:  proceeds  from  overseas  operations^-  178 
9742.  Control  of  transportation  systems  in  time  of 

war       178 

9773.  Acquisition  and  construction:  air  bases  and 

depots   J  78 

9776.  Emergency  construction :  fortifications   180 

9780.  Acquisition  of  buildings  in  District  of  Columbia.  180 
United  States  Code,  Title  12— Banks  and  Banking: 

12  U.S.C.     95.  Emergency  limitations  and  restrictions  on  busi- 
ness of  members  of  Federal  Reserve  System.  180 
95a.  Regulation  of  transactions  in  foreign  exchange 
of  gold  and  silver;  property  transfers;  vested 

interests,  enforcement  and  penalties   181 

249.  Regulation  of  consumer  credit   191 

635.  Powers  and  functions  of  bank   192 

1425a.  Liquidity  requirements   195 

1703.  Insurance  of  financial  institutions   197 

1705.  Allocation  of  funds   203 

1748b.  Insurance  of  mortgages   203 

United  States  Code,  Title  14— Coast  Guard: 

14  U.S.C.       3.  Relationship  to  Navy  Department.  _   204 

214.  Original  appointment  of  temporary  officers   204 

275.  Wartime  temporary  service  promotions   205 

331.  Recall  to  active  duty  during  war  or  national 

emergency       206 

359.  Recall  to  active  duty  during  war  or  national 

emergency   206 

367.  Detention  beyond  term  of  enlistment   206 

371.  Aviation  cadets;  procurement;  transfer   207 

491.  Medal  of  Honor,  _   208 

493.  Coast  Guard  Medal  _   209 

652.  Removing  restrictions   210 

778.  Suspension  of  this  subchapter  in  wax  or  national 

emergency   210 

United  States  Code,  Title  15 — Commerce  and  Trade: 

15  U.S.C.     76.  Retaliation  against  restriction  of  importations 

in  time  of  war   211 

77.  Discrimination  against  neutral  Americans  in 

time  of  war   211 

United  States  Code,  Title  16 — Conservation: 

16  U.S.C.    440.  Same;  closure  in  times  of  national  emergency,.  213 

690p.  Limitation  on   obligations   incurred;  Great 

Plains  Conservation  Service   213 

809.  Temporary  use  by  Government  of  projects 
works  for  national  safety;  compensation  for 
use    219 

824a.  Interconnection  and  coordination  of  facilities- 
emergencies;  transmission  to  foreign  coun' 
tries     *  21Q 

831d.  Directors;  maintenance  and  operation  of  plant 
for  production,  sale,  and  distribution  of 
fertilizer  and  power     ooi 

831n-4.  Bonds  for  financing  power  program.."  221 

831s.  Possession  by  Government  in  time  of  "war" 

damages  to  contract  holders  '  225 

832g.  Purchase  of  supplies  and  services  227 

833f.  Purchase  of  supplies  and  services  III"  227 


XI 

United  States  Code,  Title  18 — Crimea  and  Criminal  Procedure: 

18  U.S.C.    793.  Gathering,  transmitting  or  losing  defense  infor-  P*ff« 

mation     228 

794.  Gathering  or  delivering  defense  information  to 

aid  foreign  government   231 

795.  Photographing  and  sketching  defense  installa- 

tions   231 

798.  Disclosure  of  classified  information 1   232 

798.  Temporary  extension  of  section  794 1   233 

963.  Detention  of  armed  vessel   234 

967.  Departure  of  vessel  forbidden  in  aid  of  neu- 
trality  _    237 

1383.  Restrictions  in  military  areas  and  zones   237 

2153.  Destruction  of  war  material,  war  premises;  or 

war  utilities   237 

2154.  Production  of   defective   war  material,  war 

premises,  or  war  utilities   238 

2157.  Temporary  extension  of  sections  2153  and  2154,  238 

2391.  Temporary  extension  of  section  2388   239 

2511.  Interception  and  disclosure  of  wire  or  oral  com- 
munications prohibited   240 

3287.  Wartime  suspension  of  limitations   242 

United  States  Code,  Title  19— Customs  Duties: 

19  U.S.C.  1318.  Emergencies      243 

1351.  Foreign  trade  agreements   244 

1862.  Safeguarding  national  security   250 

United  States  Code,  Title  20 — Education: 

20  U.S.C.     79.  Barro  Colorado  Island  in  Gatun  Lake  to  be  set 

aside    253 

241-1.  Assistance  for  current  school  expenditures  in 

cases  of  certain  disasters   253 

646.  Assistance  in  cases  of  certain  disasters   256 

United  States  Code,  Title  22 — Foreign  Relations  and  Intercourse: 

22  U.S.C.    401.  Illegal  exportation  of  war  materials    259 

441.  Proclamation  of  state  of  war  between  foreign 

states  -   260 

447.  Financial  transactions   261 

450.  Restrictions  on  use  of  American  ports   263 

451.  Submarines  and  armed  merchant  vessels   263 

461.  Enforcement  by  courts;  employment  of  land  or 

naval  forces    264 

464.  Detention  by  collectors  of  customs   265 

1611.  Congressional  declaration  of  policy;  embargo  on 
war  materials;  denial  of  assistance  to  nations 
failing  to  embargo  shipments;  administration 

of  chapter   265 

1611a.  Responsibility  for  administration   266 

1611b.  Determination  of  items  to  be  embargoed   266 

1611c.  Resumption  of  assistance   267 

161  Id.  Definitions   267 

1962.  Military  assistance;  use  of  Armed  Forces   268 

1963.  United  Nations  Emergency  Force    269 

1965.  Expiration  __  —  _   269 

2370.  Prohibitions  against  furnishing  assistance   269 

2410.  Sale  of  supersonic  planes  to  Israel   278 

United  States  Code,  Title  25— Indians: 

25  U.S.C.     72.  Abrogation  of  treaties   278 

United  States  Code,  Title  26 — Internal  Revenue  Code: 

26  U.S.C.    168.  Amortization  of  emergency  facilities    279 

7508.  Time  for  performing  certain  acts  postponed  by 

reason  of  war   284 

United  States  Code,  Title  29— Labor: 

29  U.S.C.  176.  National  emergencies;  appointment  of  board  of 
inquiry  by  President;  report;  contents;  filing 
with  service   286 


XII 

Texts  of  statutes  delegating  power  In  time  of  war  or  emergency — Continued 
United  States  Code,  Title  29 — Labor — Continued 

29  XJ.S.C.    178.  Same;  strikes  subject  to  injunction;  inapplica- 
bility of  sections  101  to  115  of  this  title;  p**« 

review   287 

United  States  Code,  Title  31 — Money  and  Finance: 

31  U.S.C.     80a.  Same;  extension  of  time  during  war  or  emer- 

gency  288 

80b.  Administrative  examination  of  accounts  of 

U.S.  Marine  Corps  expenditures   288 

80c.  Administrative  examination   of   accounts  of 
Navy  expenditures;  extension  of  time  during 

war  or  emergency   289 

203.  Assignments  of  claims;  set-off  against  assignee.  290 

241.  Same;  payments   293 

United  States  Code,  Title  32— National  Guard: 

32  U.S.C.    104.  Units;  location;  organization;  command   296 

111.  Suspension  of  certain  provisions  of  this  title   297 

302.  Enlistments,  reenlistments,  and  extensions   298 

715.  Property  loss;  personal  injury  or  death:  activ- 
ities under  certain  sections  of  this  title   299 

United  States  Code,  Title  33 — Navigation  and  Navigable  Waters: 

33  U.S.C.    853.  Appointments  and  promotions  made  by  Presi- 

dent; suspension  during  war  or  emergency   301 

854a-l.  Temporary  appointment  or  advancement  of 
commissioned  officers  in  time  of  war  or 

national  emergency   301 

855.  Cooperation  with  and  transfer  to  military  de- 
partments     _       _  302 

United  States  Code,  Title  35— Patents: 

35  U.S.C.    181.  Secrecy  of  certain  inventions  and  withholding  of 

patent   303 

United  States  Code,  Title  37 — Pay  and  Allowances  of  the  Uniformed 
Services : 

37  U.S.C.    202.  Pay  grades;  assignment  to;  rear  admirals  of 
upper  half;  officers  holding  certain  positions 

in  the  Navy    305 

310.  Special  pay;  duty  subject  to  hostile  fire   305 

407.  Travel  and  transportation  allowances;  disloca- 
tion allowance   306 

427.  Family  separation  allowance  306 

901.  Wartime  pay  of  officer  of  Armed  Force  Vxercis- 
.  _        _  ing  command  higher  than  his  erade  307 

United'States  Code,  Title  38— Veterans'  Benefits-   

38JU.S.C.    101.  Definitions    307 

521.  Veterans  of  the  Mexican  border  "period  World 
War  I,  World  War  II,  the  Korean  conflict  or 
the  Vietnam  era    _  ______ 

Unit?«S#?5  Code  Title  40— Public  Buildings,  Propertv.'and  W'oVks" 
40JU.S.C.      71d.  Proposed  Federal  and  District  developi^ni 

and  projects   _  __  0,0 

276a-5.  Suspension  of  sections  276a  "to"276a-5  duriiii 

emergency   _____  6 

278b.  Same;  exception  of  certain  vital  "leases'  during 

war  or  emergency   _  _  <?14. 

314.  Sale  of  war  supplies,  lands,  and  buildings  q{« 
484.  Disposal  of  surplus  property- _        _    _  SJS 
534.  Waiver  of  procedures  for  disposal  of  urbanTands" 
„  .    ,  „        _       „  acquisition  or  change  of  use  of  real  propertv  '  o 
United  States  Code,  Title  41— Public  Contracts:  Property..  319 

41  U.S.C.     11.  No  contracts  or  purchases  unless  authorized  or 
under  adequate  appropriation;  report  to  the 


Congress   ,  - 

15.  Transfers  of  contracts;  assignments  of  claims" 

set-off  against  assignee   _   '  001 

52.  Purchases  and  contracts  for  property.  II  ~"  324 


XIII 


United  States  Code,  Title  42— The  Public  Health  and  Welfare:  Page 

42  U.S.C.    204,  Composition  of  commissioned  corps;  appoint- 

ment of  commissioned  officers  of  Regular  and 

Reserve  Corps   326 

210-1.  Annual  and  sick  leave   327 

211.  Promotion  of  commissioned  officers    327 

211b.  Promotion  of  commissioned  officers   331 

217.  Use  of  Service  in  time  of  war  or  emergency   332 

266._Special  quarantine  powers  in  time  of  war.   332 

1313.  Assistance  for   U.S.   citizens  returned  from 

foreign  countries   333 

1477.  Preferences  for  veterans  and  families  of  deceased 

servicemen,  _    334 

1541.  Termination   of  subchapters   II-VII;  saving 

clause   335 

1592.  Authority  of  Administrator   335 

1711.  Definitions    336 

1712.  Disqualification  from  benefits   339 

2138.  Suspension  of  licenses  during  war  or  national 

emergency   339 

2165.  Security  restrictions   340 

2201.  General  duties  of  Commission  (AEC)_   342 

United  States  Code,  Title  43—  Public  Lands: 

43  U.S.C.    155.  Withdrawal,  reservation,  or  restriction  of  public 

lands  for  defense  purposes;  definition;  excep- 
tion. ^_  ^-  _  _   -----  .  348 

315q.  WitfidrawaTbf  lands  for  war  or  national  defense 
purposes ;  payment  for  cancellation  of  permits 

or  licenses    333 

616W.  Restriction  on  delivery  of  water  for  production 

of  excessive  basic  commodities   349 

1314.  Rights  and  powers  retained  by  the  United 

States;  purchase  of  natural  resources;  con- 
demnation of  lands     349 

1341.  Reservation  of  lands  and  rights   350 

United  States  Code,  Title  44 — Public  Printing  and  Documents : 

44  U.S.C.  1505.  Documents  to  be  published  in  the  Federal 

Register   351 

3311.  Destruction  of  records  outside  continental 
United  States  in  time  of  war  or  when  hostile 
action  seems  imminent;  written  report  to 

Administrator  of  General  Services   353 

United  States  Code,  Title  45 — Railroads: 

45  U.S.C.    228c-l.  Military  service    353 

United  States  Code,  Title  46 — Shipping: 

46  U.S.C.    133.  Hospital  ships  in  time  of  war    354 

134.  Designation  by   President  of  hospital  ships 

exempted   355 

249a.  Distinctive  service  ribbon  bar;  issuance;  cost; 

replacements     355 

835.  Restrictions  on  transfer  of  shipping  facilities 

during  war  or  national  emergency   356 

861.  Purpose  and  policy  of  United  States.  _   359 

1132.  Citizenship  of  officers  and  crew   360 

1151.  Subsidy  authorized  for  vessels  to  be  operated  in 

foreign  trade   361 

1161.  Reserve  funds  for  construction  or  acquisition  of 

vessels;  taxation  7   363 

1202.  Insurance  requirements;  repairs;  inspection  by 
Secretary;  termination  of  charter  in  national 

emergency   364 

1241.  Transportation  in  American  vessels  of  Govern- 
ment personnel  and  certain  cargoes   365 


XIV 

Texts  of  statutes  delegating  power  in  time  of  war  or  emergency — Continued 
United  States  Code,  Title  46— Shipping— Continued 

46  U.S.C.  1242.  Requisition  or  purchase  of  vessels  in  time  of 

emergency   367 

1294.  Expiration  of  authority  to  provide  insurance —  369 

1402.  Application  for  subsidy;  conditions.   369 

1406.  Supervision  of  construction;  submission  of  plans 

to  Secretary  of  Defense   371 

United  States  Code,  Title  47 — Telegraphs,  Telephones,  and  Radio- 
telegraphs : 

47  U.S.C.    308.  Same;  application;  conditions  and  restrictions  in 

license  for  foreign  communication   371 

606.  War  powers  of  President   373 

United  States  Code,  Title  49 — Transportation: 

49  U.S.C.       1.  Regulation  in  general;  car  service;  alteration  of 

line   375 

6.  Schedules  and  statements  of  rates,  etc.,  joint 

rail  and  water  transportation     380 

1020.  Special  powers  during  time  of  war  or  other 

emergency     _  382 

1343.  General  powers  and  duties  of  Administrator   382 

1348.  Airspace  control  and  facilities   383 

United  States  Code,  Title  50 — War  and  National  Defense: 

50  U.S.C.     21.  Restraint,  regulation,  and  removal    384 

82.  Procurement  of  ships  and  material  during  war; 
changes  in  contracts ;  commandeering  fac- 
tories, etc__    384 

98d.  Release  of  stockpile  materials     385 

167c.  Licensing     385 

191.  Regulation  of  anchorage  and  movement  of 

vessels  during  national  emergency    388 

196.  Emergency  foreign  vessel  acquisition;  purchase 

or  requisition  of  vessels  lying  idle  in  U.S. 
waters   ._   389 

197.  Same;  voluntary  purchase  or  charter  agree- 

ments -__    389 

198.  Same;  documentation  of  vessels;  waiver  of 

compliance;  coastwise  trade;  inspection;  re- 
conditioning of  vessels ;  effective  period ; 
definition    390 

205.  Suspension  of  commercial  intercourse  with  State 

in  insurrection     __  392 

206.  Suspension  of  commercial  intercourse  with  part 

of  State  in  insurrection   _  __  392 

207.  Persons  affected  by  suspension  of  commercial 

intercourse     393 

208.  Licensing  or  permitting  commercial  intercourse 

with  State  or  region  in  insurrection   393 

212.  Confiscation  of  property  employed  to  aid  insur- 
rection  394 

223.  Forfeiture  of  vessels  owned  by  citizens  of  insur- 
rectionary States   394 

451.  Congressional  declaration  of  purpose  and  policy  394 

452.  Definitions   395 

453.  Powers  and  duties  of  Secretary  of  Defense""  396 

454.  Plant  disposal;  modification  of  national  security 

clause;  transfer  to  Administrator  of  General 
Services;  machine  tools   _  39c 

455.  Acceptance    of    plants   by    Administrator  "of 

General  Services;  disposition;  conditions  of 

lease   _  <jq» 

456.  Powers  of  Secretary  of   Defense  respecting 

property  in  national  industrial  reserve   393 


XV 


50  U.S.C.    457.  Transportation,  maintenance,  disposition,  etc., 

by  Administrator  of  General  Services  of  PftB* 
transferred  property   399 

458.  Limitation  on  acquisition  of  property    399 

459.  Industrial  Reserve  Review  Committee;  compo- 

sition, appointment,  tenure,  and  compensa- 
tion; laws  applicable      400 

460.  Duties  of  committee;  recommendations    401 

461.  Reports  to  Congress   401 

462.  Appropriations   401 

812.  Declaration  of  "internal  security  emergency"  by 

President;    events    warranting;    period  of 

existence     401 

832.  Full  field  investigation  and  appraisal   402 

1431.  Authorization;  official  approval   403 

1435.  Effective  period   403 

1511.  Reports  to  Congress     4€6 

1512.  Transportation,  open  air  testing,  and  disposal; 

Presidential  determination ;  report  to  Con- 
gress ;  notice  to  Congress  and  State  Governors,  406 

1513.  Deployment,  storage,  and  disposal;  notification 

to  host  country  and  Congress;  international 
law  violations;  reports  to  Congress  and  inter- 
national organizations   407 

1515.  Suspension;  Presidential  authorization   408 

1516.  Delivery  systems   408 

1517.  Immediate  disposal  when  health  or  safety  are 

endangered   409 

1518.  Disposal;  detoxification;  report  to  Congress; 

emergencies   409 

United  States  Code,  Title  50,  Appendix — War  and  National  Defense: 

50  U.S.C.  App.  3.  Acts  prohibited.  _      409 

4.  Licenses  to  enemy  or  ally  of  enemy  insurance  or 

reinsurance  companies;  change  of  name;  doing 
business  in  United  States     410 

5.  Suspension  of  provisions  relating  to  ally  of 

enemy;  regulation  of  transactions  in  foreign 
exchange  of  gold  or  silver,  property  transfers, 
vested  interests,  enforcement  and  penalties..  413 

6.  Alien  Property  Custodian;  general  powers  and 

duties   415 

7.  Lists  of  enemy  or  ally  of  enemy  officers,  directors 

or  stockholders  of  corporations  in  United 
States;  acts  constituting  trade  with  enemy 
prior  to  passage  of  act ;  conveyance  of  property 
to  custodian;  voluntary  payment  to  custodian 
by  holder;  acts  under  order,  rule,  or  regula- 
tion  415 

8.  Contracts,  mortgages,  or  pledges  against  or  with 

enemy  or  ally  of  enemy  ;  abrogation  of  con- 
tracts; suspension  of  limitations   420 

9.  Claims  to  property  transferred  to  custodian; 

notice  of  claim;  filing;  return  of  property; 
suits  to  recover;  sale  of  claimed  property  in 
time  of  war  or  during  national  emergency —  421 

10.  Acts  permitted;  applications  for  patents,  or 

registration  of  trademarks  or  copyrights; 
payment  of  tax  in  relation  thereto;  licenses 
under  enemy  owned  patent  or  copyright; 
statements  by  licensees;  term  and  cancella- 
tion; suits  against  licensees;  restraining  in- 
fringements; powers  of  attorney;  keeping 
secret  inventions   430 

11.  Importations  prohibited   433 

12.  Property  transferred  to  Alien  Property  Custo- 

dian  434 


XVI 


Texts  of  statutes  delegating  power  in  time  of  war  or  emergency— Continued 
United  States  Code,  Title  60,  Appendix — War,  etc. — Continued 
50  U.S. C.  App.    14.  Same;  refusal  of  clearance;  reports  of  gold  or  Paje 

silver  coin  in  cargoes  for  export  ~-  436 

19.  Print,   newspaper,   or  publication  in  foreign 

languages   436 

32.  Return  of  property   438 

38.  Shipment  of  relief  supplies;  definitions   443 

40.  Intercustodial  conflicts  involving  enemy  prop- 
erty; authority  of  President  to  conclude;  dele- 
gation of  authority   444 

785.  Effective  date  of  sections  781  to  785   444 

1211.  Congressional  declaration  of  policy   445 

1213.  Definitions   __   446 

1216.  Exemptions   _  -  447 

1622.  Disposal  to  local  governments  and  nonprofit 

institutions  —    453 

1742.  Price  adjustment  on  prior  sales  to  citizens   457 

1744.  Composition  of  national  defense  reserve  fleet; 

vessels  available  to  State  marine  schools   460 

1878e.  Extension  of  loan  to  France;  availability  of 
vessels  to  European,  Latin  America,  and 
Far  Eastern  nations;  pool  of  vessels;  rules 

and  regulations   _  __  460 

1878s.  Loans  of  naval  vessels  to  friendly  foreign 

nations  from  Reserve  Fleet   462 

1878vv.  Five-year  period  limitation  on  loans;  discre- 
tionary  extension ;    acts    of   warfare  by 

recipient  country,  early  termination   462 

2005.  Prisoners  of  war___.^_   463 

2071.  Priority  in  contracts  and  orders   468 

2072.  Hoarding  of  designated  scarce  materials   470 

2073.  Penalties  r    _  471 

2093.  Purchase  of  raw  materials  and  installation  of 

equipment  ,   471 

2151.  Small  business   473 

2152.  Definitions    475 

2 1 53.  Delegation    of    authority ;    creation    of  new 

agencies;  appointment  and.  compensation  of 
officers  and  personnel;  State  representation 
in  regional  offices  „   476 

2154.  Rules,  regulations,  and  orders   476 

2155.  Investigations;  records;  reports;  subpenas;  right 

to  counsel   477 

2157.  Liability  for  compliance  with  invalid  regulations ; 

discrimination  against   orders   or  contracts' 
affected  by  priorities  or  allocations   479 

2158.  Voluntary  agreements  and  programs  ^exempt  ions 

from  antitrust  laws  and  Federal  Trade  Com- 
mission Act;  surveys  and  reports  to  Congress- 
termination  ' 

2159.  Exemption  from  Administrative  Procedure  Act ; 

statements  in  rules,  regulations,  and  orders  as 

to  consultation  with  industry  representatives  4gn 

2160.  Employment  of  personnel;  appointment  policies  - 

nucleus  executive  reserve;  use  of  confidential 
information  by  employees;  printing  and  dis- 
tribution of  reports   __    __  4R. 

2161.  Appropriations  authorized;  availability  of  funds  4R4 

2162.  Joint  Committee  on  Defense  Production.       _'_  40- 

2163.  Territorial  application  of  act   _  Jo~ 

2166.  Termination  of  Act   _    _  J«i 

2291.  Sections  2291  to  2297  of  this  appendix  effective 

only  during  civil  defense  emergency;  proc- 
lamation of  emergency;  termination   4gg 


XVII 


Page 

50U.S.C.App.  2292.  Utilization  of  Federal  departments  and  agencies.  490 

2293.  Emergency  powers  of  Administrator   491 

2294.  Government  immune  from  liability  for  death  or 

personal  injury  to  employees;  benefits  em- 
ployees entitled  to   __  492 

2295.  Waiver  of  Administrative  Procedure  Act   492 

2297.  Termination  of  sections  2291  to  2297  of  this 

appendix   492 

2401.  Congressional  findings   493 

2402.  Congressional  declaration  of  policy   493 

2403.  Authority  to  effectuate  policy   494 

2404.  Consultations  for  determination  of  controls; 

standards  or  criteria  established   496 

2405.  Violations  and  penalties   496 

2406.  Enforcement   497 

2407.  Exemption  from  administrative  procedure  and 

judicial  review  provisions   498 

2408.  Information  to  exporters   499 

2409.  Quarterly  reports   499 

2410.  Definitions.-      499 

2411.  Effects  on  other  acts     500 

2412.  Effective  date   500 

2413.  Termination  date   500 

Public  Laws:  . 

68th  Cong.,  Public  Law  438 — 43  Stat.  959-60...    501 

479—43  Stat.  984-5    502 

568—43  Stat.  1129   504 

69th  Cong.,  Public  Law    99—44  Stat.  241     505 

314—  44  Stat.  677.   505 

71st  Cong.,  Public  Law  222—46  Stat.  329-32    506 

280—46  Stat.  479   506 

72d  Cong.,  Public  Law  382 — 47  Stat.  1367-8.. _  _   507 

74th  Cong.,  Public  Law  598 — 49  Stat.  1278   508 

624 — 49  Stat.  1387    509 

704—49  Stat.  1535-6   510 

730 — 49  Stat.  1557-8   510 

75th  Cong.,  Public  Law  316—50  Stat.  696   511 

689—52  Stat.  833-4   512 

79th  Cong.,  Public  Law  465—60  Stat.  332    513 

80th  Cong.,  Public  Law  885—62  Stat.  1229-30    514 

81st  Cong.,  Public  Law    97— 63  Stat.  169-70   __  515 

593—64  Stat.  310-11   516 

755—64  Stat.  591-2   517 

82d  Cong.,  Public  Law  222— 65  Stat.  658    519 

377—66  Stat.  128-9    520 

559—66  Stat.  727-8   520 

83d  Cong.,  Public  Law    39— 67  Stat.  38.    521 

56—67  Stat.  54...    522 

92—67  Stat.  120   523 

169—67  Stat.  244   523 

315—  68  Stat.  32   524 

327—68  Stat.  51   525 

386—68  Stat.  171   527 

493— 68  Stat.  474-7     528 

534 — 68  Stat.  535   529 

556 — 68  Stat.  586     530 

711—  68  Stat.  974-5   531 

712—  68  Stat.  975-6     532 

713—  68  Stat.  977-8   533 

716 — 68  Stat.  980-2   534 

84th  Cong.,  Public  Law    49— 69  Stat.  68-70    535 

50— 69  Stat.  70-1    536 

52—69  Stat.  79   538 

77—69  Stat.  138-9   538 

142—69  Stat.  293-4   540 

156— 69  Stat.  300-1    541 


XVIII 


Texts  of  statutes  delegating  power  in  time  of  war  or  emergency— Continued 

Public  Laws — Continued  T^A2 

84th  Cong.,  Public  Law  301—69  Stat.  592-3   VJ, 

410—70  Stat.  17-8   *JJ 

413—70  Stat.  21-3  

428—70  Stat.  35-6-     *}i 

521— 70  Stat.  156    -  fj° 

598—70  Stat.  296   2Vt 

616— 70  Stat.  335-6    »49 

618—70  Stat.  336-7.-    550 

706— 70  Stat.  536-7    550 

719— 70  Stat.  550-1    551 

729—70  Stat.  577    -  -  552 

740—70  Stat.  590   -  -  -  55d 

819—70  Stat.  698   554 

872— 70  Stat.  793   55o 

85th  Cong.,  Public  Law    46—71  Stat.  46-8   556 

157— 71  Stat.  391     557 

185—71  Stat.  467   558 

204—  71  Stat.  478-9   559 

205—  71  Stat-  479-80-  - ,   560 

236—71  Stat.  516-7   561 

258—71  Stat.  580-3   562 

260—71  Stat.  584-7.    563 

545—72  Stat.  401  '   564 

548—72  Stat.  403-4   565 

799—72  Stat.  965   566 

86th  Cong.,  Public  Law  323—73  Stat.  594-5   567 

473—74  Stat.  143   568 

602—74  Stat.  355-6   570 

611—74  Stat.  369-71   571 

87th  Cong.,  Public  Law  328—75  Stat.  688   572 

654—76  Stat.  530   573 

733—76  Stat.  697   574 

794—76  Stat.  877   575 

88th  Cong.,  Public  Law  228— 776tat..470-l   576 

89th  Cong.,  Public  Law  188— 79  Stat.  793   577 

257—79  Stat.  982   578 

568—80  Stat.  739   579 

91st  Cong.,  Public  Law  142—83  Stat.  293   580 

202— 84  Stat.  20    581 

92d  Cong.,  Public  Law  145—85  Stat.  394   582 

'Citation  of  statutes  in  accordance  to  committee  jurisdiction: 
Standing  Committees: 

Agriculture  and  Forestry   585 

Armed  Services   5S5 

Banking,  Housing  and  Urban  Affairs   5S6 

Commerce   586 

District  of  Columbia   5S7 

Finance   5S7 

Foreign  Relations   5S7 

Government  Operations   5S7 

Interior  and  Insular  Affairs  

The  Judiciary   5K8 

Labor  and  Public  Welfare   5SS 

Post  Office  and  Civil  Service   ;>S8 

Public  Works   589 

Rules  and  Administration  

Veterans'  Affairs   5S9 

Joint  Committee  on  Atomic  Energy   589 


APPENDIX 


Tables: 

1.  Provisions  of  the  United  States  Code  that  refer  to  Truman  Emer-  Paee 

gency  Proclamation  eo  nomine  or  by  date   591 

2.  Provisions  of  the  United  States  Code  that  refer  to  Presidential 

declaration  or  proclamation  of  national  emergency  that  may  be 
affected  by  termination  of  Truman  Emergency  Proclamation   591 

3.  Provisions  of  the  United  States  Code  that  empower  the  President 

to  declare  a  national  emergency  (the  President  alone  or  the 
President  or  the  Congress  in  the  alternative)  or  refer  to  a  presi- 
dentially  declared  emergency   591 

4.  Provisions  of  the  United  States  Code  that  provide  for  a  congressional 

declaration  of  national  emergency  (the  Congress  alone  or  the 
Congress  or  the  President  in  the  alternative)  or  refer  to  a  congres- 
sionally  declared  emergency   592 

5.  Provisions  of  the  United  States  Code  that  refer  to  a  declaration  of 

national  emergency  without  reference  to  any  declarant   592 

6.  Provisions  of  the  United  States  Code  that  specify  emergency  author- 

ity applicable  in  "time  of  war"  or  "during  a  war"   593 

7.  Provisions  of  the  United  States  Code  that  refer  to  a  state  of  war  or 

war  declared  by  the  Congress   593 

Proclamations  of  national  emergency  still  in  effect: 

Excerpt  from  Public  Law  1,  73d  Cong.,  1st  Sess.  (1933)   594 

Proclamation  No.  2914,  Dec.  16,  1950   594 

Proclamation  No.  3972,  Mar.  23,  1970   596 

Proclamation  No.  4074,  Aug.  15,  1971   597 

Subject  index       598 

(XII) 


93d  Congress     )  SENATE  (  Report 

1st  Session       J  j  n0_  93-549 


EMERGENCY  POWERS  STATUTES: 
Provisions  of  Federal  Law 
Now  in  Effect  Delegating  to  the 
Executive  Extraordinary  Authority 
in  Time  of  National  Emergency 


November  19, 1973. — Ordered  to  be  printed 


Mr.  Mathias  (for  Mr.  Church)  as  co-chairman  of  the  Special 
Committee  on  the  Termination  of  the  National  Emergency,  sub- 
mitted the  following 

REPORT 

[Pursuant  to  S.  Res.  9,  93d  Cong.] 


INTRODUCTION 


A — A  Brief  Historical  Sketch  of  the  Origins 
of  Emergency  Powers  Now  in  Force 

_  A  majority  of  the  people  of  the  United  States  have  lived  all  of  their 
lives  under  emergency  rule.  For  40  years,  freedoms  and  governmental 
procedures  guaranteed  by  the  Constitution  have,  in  varying  degrees, 
been  abridged  by  laws  brought  into  force  by  states  of  national 
emergency.  The  problem  of  how  a  constitutional  democracy  reacts  to 
great  crises,  however,  far  antedates  the  Great  Depression.  As  a  philo- 
sophical issue,  its  origins  reach  back  to  the  Greek  city-states  and  the 
Roman  Republic.  And,  in  the  United  States,  actions  taken  by  the  Gov- 
ernment in  times  of  great  crises  have — from,  at  least,  the  Civil  War — 
in  important  ways  shaped  the  present  phenomenon  of  a  permanent 
state  of  national  emergency. 

American  political  theory  of  emergency  government  was  derived 
and  enlarged  from  John  Locke,  the  English  political-philosopher 
whose  thought  influenced  the  authors  of  the  Constitution.  Locke 
argued  that  the  threat  of  national  crisis — unforeseen,  sudden,  and 
potentially  catastrophic — required  the  creation  of  broad  executive 


(l) 


2 

emergency  powers  to  be  exercised  by  the  Chief  Executive  in  situ- 
ations where  the  legislative  authority  had  not  provided  a  means  or 
procedure  of  remedy.  Referring  to  emergency  power  in  the  14th  chap- 
ter of  his  Second  Treatise  on  Civil  Government  as  "prerogative," 
Locke  suggested  that  it : 

.  .  .  should  be  left  to  the  discretion  of  him  that  has  the 
executive  power . . .  since  in  some  governments  the  lawmaking 
power  is  not  always  in  being  and  is  usually  too  numerous, 
and  so  too  slow  for  the  dispatch  requisite  to  executions,  and 
because,  also  it  is  impossible  to  foresee  and  so  by  laws  to 
provide  for  all  accidents  and  necessities  that  may  concern  the 
public,  or  make  such  laws  as  will  do  no  harm,  if  they  are  exe- 
cuted with  an  inflexible  rigour  on  all  occasions  and  upon  all 
persons  that  may  come  in  their  way,  therefore  there  is  a  lati- 
tude left  to  the  executive  power  to  do  many  things  of  choice 
which  the  laws  do  not  prescribe. 

To  what  extent  the  Founding  Fathers  adhered  to  this  view  of  the 
executive  role  in  emergencies  is  a  much  disputed  issue.  Whatever  their 
conceptions  of  this  role,  its  development  in  practice  has  been  based 
largely  on  the  manner  in  which  individual  President's  have  viewed 
their  office  and  its  functions.  Presidents  Theodore  Roosevelt  and  Wil- 
liam Howard  Taft  argued  the  proper  role  of  the  President  and, 
perhaps,  their  debate  best  expounds  diametrically  opposed  philoso- 
phies of  the  presidency.  In  his  Autobiography,  Roosevelt  asserted  his 
"stewardship  theory." 

My  view  was  that  every  Executive  officer  . . .  was  a  steward 
of  the  people  bound  actively  and  affirmatively  to  do  all  he 
could  for  the  people  and  not  to  content  himself  with  the  nega- 
tive merit  of  keeping  his  talents  undamaged  in  a  napkin  .  . . 
My  belief  was  that  it  was  not  only  [the  President's]  right  but 
his  duty  to  do  anything  that  the  needs  of  the  Nation  de- 
manded unless  such  action  was  forbidden  by  the  Constitution 
or  by  the  laws.  Under  this  interpretation  of  executive  power 
I  did  and  caused  to  be  done  many  things  not  previously  done 
by  the  President  and  the  heads  of  departments.  I  did  not 
usurp  power  but  I  did  greatly  broaden  the  use  of  executive 
power.  In  other  words,  I  acted  for  the  common  well  being  of 
all  our  people  whenever  and  whatever  measure  was  necessary, 
unless  prevented  by  direct  constitutional  or  legislative 
prohibition. 

Roosevelt  compared  this  principle  of  "stewardship"  to  what  he 
called  the  Jackson-Lincoln  theory,  and  contrasted  it  to  the  theory 
ascribed  to  William  Howard  Taft. 

Roosevelt's  ideas  on  the  ambit  of  presidential  authority  and  re- 
sponsibility were  vigorously  disputed  by  Taft.  In  lectures  on  the  presi- 
dency— delivered  at  Columbia  University  in  1915-1916  Taft  re- 
sponded that:  ".  .  .  the  wide  field  of  action  that  this  would  give  to 
the  Executive  one  can  hardly  limit.  A  President  can  exercise  no  power 
which  cannot  fairly  and  reasonably  be  traced  to  some  specific  grant  of 
power."  And  he  cautioned  that:  ".  .  .  such  specific  grants  must  be 


3 


either  in  the  Federal  Constitution,  or  in  any  Act  of  Congress  passed  in 
pursuance  thereof.  There  is  no  undefined  residuum  of  power  which  he 
can  exercise  because  it  seems  to  him  to  be  in  the  public  interest." 

In  recent  years,  most  scholars  have  interpreted  the  Roosevelt-Taft 
dispute  in  Roosevelt's  favor.  In  the  prevailing  academic  view,  Roose- 
velt is  described  as  "active,"  "expansionist,"  and  "strong."  The  his- 
torical reality,  in  fact,  does  not  afford  such  a  sharp  distinction  either 
between  the  actions  of  these  two  Presidents,  or  between  their  analysis 
of  the  problem  of  emergency  powers.  Taft,  in  his  concluding  remarks 
to  his  Columbia  lectures,  said :  "Executive  power  is  limited,  so  far  as  it 
is  possible  to  limit  such  a  power  consistent  with  that  discretion  and 
promptness  of  action  that  are  essential  to  preserve  the  interests  of  the 
public  in  times  of  emergency  or  legislative  neglect  or  inaction."  Thus,, 
even  Taft  was  disposed  to  employ  emergency  power  when  the  need 
arose,  but,  he  did  not  wish  to  go  beyond  his  own  narrower,  conserva- 
tive conception  of  what  was  meant  by  constitutional  and  legal  bounds. 
Thus,  the  dispute  was  over  where  those  bounds  lay,  rather  than  the 
nature  of  the  office  itself. 

Taft's  successor,  Woodrow  Wilson,  was  no  less  zealous  in  observing 
what  he  thought  the  Constitution  demanded.  Faced  with  the  exigen- 
cies of  World  War  I,  Wilson  found  it  necessary  to  expand  executive 
emergency  powers  enormously.  In  many  respects,  this  expansion  of 
powers  in  wartime  was  based  on  precedents  set  by  Lincoln  decades 
earlier.  Unlike  Lincoln,  however,  Wilson  relied  heavily  on  Congress 
for  official  delegations  of  authority  no  matter  how  broadly  these  might 
be. 

Wilson's  exercise  of  power  in  the  First  World  War  provided  a  model 
for  future  Presidents  and  their  advisors.  During  the  preparedeness 
period  of  1915-1916,  the  submarine  crisis  in  the  opening  months  of 
1917,  and  the  period  of  direct  involvement  of  U.S.  armed  forces  from 
April  1917  to  November  1918,  Wilson  utilized  powers  as  sweeping  as- 
Lincoln's.  Because  governmental  agencies  were  more  highly  organized 
and  their  jurisdictions  wider,  presidential  powers  were  considerably 
more  effective  than  ever  before.  Yet,  perhaps,  because  of  Wilson's 
scrupulous  attention  to  obtaining  prior  congressional  concurrence, 
there  was  only  one  significant  congressional  challenge  to  Wilson's  war- 
time measures. 

That  challenge  came  in  February-March  1917,  following  the  sever- 
ance of  diplomatic  relations  with  Germany.  A  group  of  Senators  suc- 
cessfully filibustered  a  bill  authorizing  the  arming  of  American  mer- 
chant ships.  In  response — records  American  historian  Frank  Freidel 
in  his  book  Roosevelt:  the  Apprenticeship — Assistant  Secretary  of  the 
Navy  Franklin  D.  Roosevelt  found  an  old  statute  under  which  the 
President  could  proceed  without  fresh  authorization  from  Congress. 
Roosevelt,  impatient  for  action,  was  irritated  because  Wilson  waited  a 
few  days  before  implementing  the  statute. 

Lincoln  had  drawn  most  heavily  upon  his  power  as  Commander- 
in-Chief;  Wilson  exercised  emergency  power  on  the  basis  of  old 
statutes  and  sweeping  new  legislation — thus  drawing  on  congres- 
sional delegation  as  a  source  of  authority.  The  most  significant 
Wilsonian  innovations  were  economic,  including  a  wide  array  of  de- 
fense and  war  agencies,  modeled  to  some  extent  upon  British  wartime 


4 


precedents.  In  August  1916  iust  prior  to  United  States  entry  into  the 
war,  Congress  at  Wilson's  behest  established  a  Council  of  National 
Defense — primarily  advisory.  In  1917,  a  "War  Industries  Board,  also 
relatively  weak,  began  operating.  The  ineffectiveness  of  the  economic 
mobilization  led  Republicans  in  Congress — in  the  winter  of  1917- 
1918 — to  demand  a  coalition  War  Cabinet  similar  to  that  in  England. 
Wilson  forestalled  Congress  by  proposing  legislation  delegating  him 
almost  total  economic  power  and,  even  before  legislative  approval, 
authorized  the  War  Industries  Board  to  exercise  extensive  powers. 
Subsequently  Congress  enacted  Wilson's  measure,  the  Overman  Act, 
in  April  1918.  Other  legislation  extended  the  economic  authority  of 
the  Government  in  numerous  directions. 

Following  the  Allied  victory,  Wilson  relinquished  his  wartime  au- 
thority and  asked  Congress  to  repeal  the  emergency  statutes,  enacted 
to  fignt  more  effectively  the  war.  Only  a  food-control  measure  and  the 
1917  Trading  With  the  Enemy  Act  were  retained.  This  procedure  of 
terminating  emergency  powers  when  the  particular  emergency  itself 
has,  in  fact,  ended  has  not  been  consistently  followed  by  his  successors. 

The  next  major  development  in  the  use  of  executive  emergency 
powers  came  under  Franklin  D.  Roosevelt.  The  Great  Depression  had 
already  overtaken  the  country  by  the  time  of  Roosevelt's  inauguration 
and  confronted  him  with  a  totally  different  crisis.  This  emergency, 
unlike  those  of  the  past,  presented  a  nonmilitary  threat.  The  Roose- 
velt administration,  however,  conceived  the  economic  crisis  to  be  a  ca- 
lamity equally  as  great  as  a  war  and  employed  the  metaphor  of  war  to 
emphasize  the  depression's  severity.  In  his  inaugural  address,  Roose- 
velt said :  "I  shall  ask  the  Congress  for  the  one  remaining  instrument 
to  meet  the  crisis — broad  executive  power  to  wage  a  war  against  the 
emergency,  as  great  as  the  power  that  would  be  given  me  if  we  were  in 
fact  invaded  by  a  foreign  foe." 

_  Many  of  the  members  of  the  Roosevelt  administration,  including 
F.D.R.  himself,  were  veterans  of  the  economic  mobilization  of  World 
War  I  and  drew  upon  their  experiences  to  combat  the  new  situation. 
The  first  New  Deal  agencies,  indeed,  bore  strong  resemblance  to  war- 
time agencies  and  many  had  the  term  "emergency"  in  their  titles- 
such  as  the  Federal  Emergency  Relief  Administration  and  the  Na- 
tional Emergency  Council. 

In  his  first  important  official  act,  Roosevelt  proclaimed  a  National 
Bank  Hobday  on  the  basis  of  the  1917  Trading  With  the  Enemy 
Act— itself  a  wartime  delegation  of  power.  New  Deal  historian  Wil- 
liam Ji.  L/euchtenburg  writes : 

When  he  sent  his  banking  bill  to  Congress,  the  House  re- 
w  a  rt  ^h  Tch  *e.s,ame  ardor  as  it  had  greeted 
Woodrow  Wilson's  war  legislation.  Speaker  Rainev  said  the 
situation  reminded  him  of  the  late  war  when  "on  both  sides 
oi  this  Chamber  the  great  war  measures  suggested  bv  the  ad 
ministration  were  supported  with  practical  unanimity 
loday  we  are  engaged  in  another  war,  more  serious  even  in  its" 
character  and  presenting  greater  dangers  to  the  Republic  " 
After  only  38  minutes  debate,  the  House  passed  the  adminis- 
tration's banking  bill,  sight  unseen. 


5 


The  Trading  With  the  Enemy  Act  had,  however,  been  specifically 
designed  by  its  originators  to  meet  only  wartime  exigencies.  By  employ- 
ing it  to  meet  the  demands  of  the  depression,  Roosevelt  greatly  extended 
the  concept  of  "emergencies"  to  which  expansion  of  executive  powers 
might  be  applied.  And  in  so  doing,  he  established  a  pattern  that  was 
followed  frequently:  In  time  of  crisis  the  President  should  utilize 
any  statutory  authority  readily  at  hand,  regardless  of  its  original 
purposes,  with  the  firm  expectation  of  ex  post  facto  congressional 
concurrence. 

Beginning  with  F.D.R.,  then,  extensive  use  of  delegated  powers 
exercised  under  an  aura  of  crisis  has  become  a  dominant  aspect  of 
the  presidency.  Concomitant  with  this  development  has  been  a  de- 
meaning of  the  significance  of  "emergency."  It  became  a  term  used  to 
evoke  public  and  congressional  approbation,  often  bearing  little  actual 
relation  to  events.  Roosevelt  brain-truster,  Rexford  G.  Tugwell,  has 
described  the  manner  in  which  Roosevelt  used  declarations  of  different 
degrees  of  emergency : 

The  "limited  emergency"  was  a  creature  of  Roosevelt's 
imagination,  used  to  make  it  seem  that  he  was  doing  less 
than  he  was.  He  did  not  want  to  create  any  more  furor 
than  was  necessary.  The  qualifying  adjective  had  no  limit- 
ing force.  It  was  purely  for  public  effect.  But  the  finding  that 
an  emergency  existed  opened  a  whole  armory  of  powers 
to  the  Commander-in-Chief,  far  more  than  Wilson  had  had. 

Roosevelt  and  his  successor,  Harry  S.  Truman,  invoked  formal 
states  of  emergency  to  justify  extensive  delegations  of  authority  dur- 
ing actual  times  of  war.  The  Korean  war,  however,  by  the  fact  of  its 
never  having  been  officially  declared  a  "war"  as  such  by  Congress, 
further  diluted  the  concept  of  what  constituted  circumstances  suffi- 
ciently critical  to  warrant  the  delegation  of  extraordinary  authority 
to  the  President. 

At  the  end  of  the  Korean  war,  moreover,  the  official  state  of  emer- 
gency was  not  terminated.  It  is  not  yet  terminated.  This  may  be  pri- 
marily attributed  to  the  continuance  of  the  Cold  War  atmosphere 
which,  until  recent  years,  made  the  imminent  threat  of  hostilities  an 
accepted  fact  of  everyday  life,  with  "emergency"  the  normal  state  of 
affairs.  In  this,  what  is  for  all  practical  purposes,  permanent  state  of 
emergency,  Presidents  have  exercised  numerous  powers — most  notably 
under  the  Trading  With  the  Enemy  Act — legitimated  by  that  on- 
going state  of  national  emergency.  Hundreds  of  others  have  lain 
fallow,  there  to  be  exercised  at  any  time,  requiring  only  an  order 
from  the  President. 

Besides  the  1933  1  and  Korean  war  emergencies,2  two  other  states 
of  declared  national  emergency  remain  in  existence.  On  March  23, 
1970,  confronted  by  a  strike  of  Postal  Service  employees,  President 
Nixon  declared  a  national  emergency.3  The  following  year,  on  August 


1  See  Appendix.  D.  M*. 

'  ma. 

'  Ibid,  p.  596. 


6 


15,  1971,  Nixon  proclaimed  another  emergency,1  under  which  he  im- 
posed stringent  import  controls  in  order  to  meet  an  international 
monetary  crisis.  Because  of  its  general  language,  however,  that  procla- 
mation could  serve  as  sufficient  authority  to  use  a  substantial  propor- 
tion of  all  the  emergency  statutes  now  on  the  books. 

Over  the  course  of  at  least  the  last  40  years,  then,  Presidents  have 
had  available  an  enormous — seemingly  expanding  and  never-ending — 
range  of  emergency  powers.  Indeed,  at  their  fullest  extent  and  during 
the  height  of  a  crisis,  these  "prerogative"  powers  appear  to  be  virtu- 
ally unlimited,  confirming  Locke's  perceptions.  Because  Congress  and 
the  public  are  unaware  of  the  extent  of  emergency  powers,  there  has 
never  been  any  notable  congressional  or  public  objection  made  to  this 
state  of  affairs.  Nor  have  the  courts  imposed  significant  limitations. 

During  the  New  Deal,  the  Supreme  Court  initially  struck  down 
much  of  Roosevelt's  emergency  economic  legislation  (Schechter  v. 
United  States,  295  U.S.  495).  However,  political  pressures,  a  change 
in  personnel,  and  presidential  threats  of  court-packing,  soon  altered 
this  course  of  decisions  (NLRB  v.  Jones  &  Laughlin  Steel  Corp., 
301  U.S.  1).  Since  1937,  the  Court  has  been  extremely  reluctant  to  in- 
validate any  congressional  delegation  of  economic  powers  to  the  Pres- 
ident. It  appears  that  this  will  not  change  in  the  foreseeable  future. 

In  a  significant  case  directly  confronting  the  issue  of  wartime  emer- 
gency powers,  Youngstown  Sheet  &  Tube  Co.  v.  Sawyer  (343  U.S. 
579),  the  Court  refused  to  allow  the  President  to  rely  upon  implied 
constitutional  powers  during  a  crisis.  The  action  at  issue  involved 
presidential  seizure  of  steel  plants  in  a  manner  apparently  directly  at 
odds  with  congressional  policy.  Justice  Black's  plurality  opinion  spe- 
cifically acknowledges  that  if  Congress  delegates  powers  to  the  Presi- 
dent for  use  during  an  emergency,  those  powers  are  absolutely  valid 
within  constitutional  restraints  on  Congress'  own  power  to  do  so.  Con- 
curring opinions  appear  to  agree  on  this  point.  It  should  be  noted, 
therefore,  that  all  statutes  in  this  compilation  are  precisely  these  kinds 
of  snecific  congressional  delegations  of  power. 

The  2.000-year-old  problem  of  how  a  legislative  body  in  a  demo- 
cratic republic  may  extend  extraordinary  powers  for  use  by  the  execu- 
tive during  times  of  great  crisis  and  dire  emergencv— but  do  so  in 
ways  assuring  both  that  such  necessary  powers  will  be  terminated  im- 
mediately when  the  emergency  has  ended  and  that  normal  processes 
will  be  resumed — has  not  yet  been  resolved  in  this  country.  Too 
few  are  aware  of  the  existence  of  emergency  powers  and  their  extent, 
and  the  problem  has  never  been  squarely  faced. 

B — Summary  Views      T7TK  Presf/vt  Status 
op  Emergency  Powers  Statutes 

A  review  of  the  laws  passed  since  the  first  state  of  national 
emergency  was  declared  in  1933,  reveals  a  consistent  pattern  of  law- 
making. It  is  a  pattern  showing  that  the  Congress,  through  its  own 
actions,  transferred  awesome  magnitudes  of  power  to  the  executive 
ostensibly  to  meet  the  problems  of  governing  effectively  in  times  of 
great  crisis.  Since  1933,  Congress  has  passed  or  recodified  over  470 
significant  statutes  delegating  to  the  President  powers  that  had  been 


i  TMd.,  u.  597. 


7 


the  prerogative  and  responsibility  of  the  Congress  since  the  beginning 
of  the  Republic.  No  charge  can  be  sustained  that  the  Executive  branch 
has  usurped  powers  belonging  to  the  Legislative  branch;  on  the  con- 
trary, the  transfer  of  power  nas  been  in  accord  with  due  process  of 
normal  legislative  procedures. 

It  is  fortunate  that  at  this  time  that,  when  the  fears  and  tensions  of 
the  cold  war  are  giving  way  to  relative  peace  and  detente  is  now  na- 
tional policy,  Congress  can  assess  the  nature,  quality,  and  effect  of 
what  has  become  known  as  emergency  powers  legislation.  Emergency 
powers  make  up  a  relatively  small  but  important  body  of  statutes — 
some  470  significant  provisions  of  law  out  of  the  total  of  tens  of  thou- 
sands that  have  been  passed  or  recodified  since  1933.  But  emergency 
powers  laws  are  of  such  significance  to  civil  liberties,  to  the  operation 
of  domestic  and  foreign  commerce,  and  the  general  functioning  of  the 
U.S.  Government,  that,  in  microcosm,  they  reflect  dominant  trends  in 
the  political,  economic,  and  judicial  life  in  the  United  States. 

A  number  of  conclusions  can  be  drawn  from  the  Special  Commit- 
tee's study  and  analysis  of  emergency  powers  laws  now  in  effect.  Con- 
gress has  in  most  important  respects,  except  for  the  final  action  of  floor 
debate  and  the  formal  passage  of  bills,  permitted  the  Executive 
branch  to  draft  and  in  large  measure  to  "make  the  laws."  This  has 
occurred  despite  the  constitutional  responsibility  conferred  on  Con- 
gress by  Article  I  Section  8  of  the  Constitution  which  states  that  it 
is  Congress  that  "makes  all  Laws  .  .  ." 

Most  of  the  statutes  pertaining  to  emergency  powers  were  passed 
in  times  of  extreme  crisis.  Bills  drafted  in  the  Executive  branch  were 
sent  to  Congress  by  the  President  and,  in  the  case  of  the  most 
significant  laws  that  are  on  the  books,  were  approved  with  only  the 
most  perfunctory  committee  review  and  virtually  no  consideration  of 
their  effect  on  civil  liberties  or  the  delicate  structure  of  the  U.S.  Gov- 
ernment of  divided  powers.  For  example,  the  economic  measures  that 
were  passed  in  1933  pursuant  to  the  proclamation  of  March  5,  1933, 
by  President  Roosevelt,  asserting  that  a  state  of  national  emergency 
now  existed,  were  enacted  in  the  most  turbulent  circumstances.  There 
was  a  total  of  only  8  hours  of  debate  in  both  houses.  There  were  no 
committee  reports;  indeed,  only  one  copy  of  the  bill  was  available 
on  the  floor. 

This  pattern  of  hasty  and  inadequate  consideration  was  repeated 
•during  World  War  II  when  another  group  of  laws  with  vitally  sig- 
nificant and  far  reaching  implications  was  passed.  It  was  repeated  dur- 
ing the  Korean  war  and,  again,  in  most  recent  memory,  during  the 
debate  on  the  Tonkin  Gulf  Resolution  passed  on  August  6,  1964. 

On  occasion,  legislative  history  shows  that  during  the  limited  de- 
bates that  did  take  place,  a  few,  but  very  few,  objections  were  raised  by 
Senators  and  Congressmen  that  expressed  serious  concerns  about  the 
lack  of  provision  for  congressional  oversight.  Their  speeches  raised 
great  doubts  about  the  wisdom  of  giving  such  open-ended  au- 
thority to  the  President,  with  no  practical  procedural  means  to  with- 
draw that  authority  once  the  time  of  emergency  had  passed. 

For  example,  one  of  the  very  first  provisions  passed  in  1933  was 
the  Emergency  Banking  Act  based  upon  Section  5(b)  of  the  Trad- 
ing With  the  Enemy  Act  of  1917.  The  provisions  gave  to  President 
Roosevelt,  with  the  full  approval  of  the  Congress,  the  authority 


8 


to  control  major  aspects  of  the  economy,  an  authority  which  had 
formerly  been  reserved  to  the  Congress.  A  portion  of  that  provision, 
still  in  force,  is  quoted  here  to  illustrate  the  kind  of  open-ended  au- 
thority Congress  has  given  to  the  President  during  the  past  40  years: 

(b)  (1)  During  the  time  of  war  or  during  any  other  period 
of  national  emergency  declared  by  the  President,  the  Presi- 
dent may,  through  any  agency  that  he  may  designate,  or 
otherwise,  and  under  such  rules  and  regulations  as  he  may 
prescribe,  by  means  of  instructions,  licenses,  or  otherwise — 

(A)  investigate,  regulate,  or  prohibit,  any  transac- 
tions in  foreign  exchange,  transfers  of  credit  or  payments 
between,  by2  through,  or  to  any  banking  institution,  and 
the  importing,  exporting,  hoarding,  melting,  or  ear- 
marking of  gold  or  silver  coin  or  bullion,  currency  or 
securities,  and 

(B)  investigate,  regulate,  direct  and  compel,  nullify, 
void,  prevent  or  prohibit,  any  acquisition,  holding,  with- 
holding, use,  transfer,  withdrawal,  transportation,  im- 
portation or  exportation  of,  or  dealing  in,  or  exercising 
any  right,  power,  or  privilege  with  respect  to,  or  trans- 
actions involving,  any  property  in  which  any  foreign 
country  or  a  national  thereof  has  any  interest. 

by  any  person,  or  with  respect  to  any  property,  subject  to  the 
jurisdiction  of  the  United  States ;  and  any  property  or  inter- 
est of  any  foreign  country  or  national  thereof  shall  vest, 
when,  as,  and  upon  the  terms,  directed  by  the  President,  in 
such  agency  or  person  as  may  be  designated  from  time  to  time 
by  the  President,  and  upon  such  terms  anfl  conditions  as  the 
President  may  prescribe  such  interest  or  property  shall  be 
held,  used,  administered,  liquidated,  sold,  or  otherwise  dealt 
with  in  the  interest  of  and  for  the  benefit  o.f  the  United  States, 
and  such  designated  agency  or  person  may  perform  any  and 
all  acts  incident  to  the  accomplishment  or  furtherance  of  these 
purposes ;  and  the  President  shall,  in  the  manner  hereinabove 
provided,  require  any  person  to  keep  a  full  record  of,  and  to 
furnish  under  oath,  in  the  form  of  reports  or  otherwise,  com- 
plete information  relative  to  any  act  or  transaction  referred 
to  in  this  subdivision  either  before,  during,  or  after  the  com- 
pletion thereof,  or  relative  to  any  interest  in  foreign  property, 
or  relative  to  any  property  in  which  any  foreign  country  or 
any  national  thereof  has  or  has  had  any  interest,  or  as  may 
be  otherwise  necessary  to  enforce  the  provisions  of  this  sub- 
division, and  in  any  case  in  which  a  report  could  be  required, 
the  President  may,  in  the  manner  hereinabove  provided  re- 
quire the  production,  or  if  necessary  to  the  national  security 
or  defense,  the  seizure,  of  any  books  of  account,  records,  con- 
tracts, letters,  memoranda,  or  other  papers,  in  the  custodv  or 
control  of  such  person ;  and  the  President  may,  in  the  manner 
hereinabove  provided,  take  other  and  further  measures  not 
inconsistent  herewith  for  the  enforcement  of  this  subdivision 
(2)  Any  payment,  conveyance,  transfer,  assignment,  or 
delivery  of  pronertv  or  interest  therein,  made  to  or  for  the 
account  of  the  United  States,  or  as  otherwise  directed,  pur- 
suant to  this  subdivision  or  any  rule,  regulation,  instruction 


9 


or  direction  issued  hereunder  shall  to  the  extent  thereof  be  a 
full  acquittance  and  discharge  for  all  purposes  of  the  obliga- 
tion of  the  person  making  the  same;  and  no  person  shall  be 
held  liable  in  any  court  tor  or  in  respect  to  anything  done 
or  omitted  in  good  faith  in  connection  with  the  administra- 
tion of,  or  in  pursuance  of  and  in  reliance  on,  this  subdivision, 
or  any  rule,  regulation,  instruction,  or  direction  issued  here- 
under. 

To  cite  two  further  examples : 

In  the  context  of  the  war  powers  issue  and  the  long  debate  of  the 
past  decade  over  national  commitments,  10  U.S.C.  712  is  of  importance : 

10  U.S.C.  712.  Foreign  governments :  detail  to  assist. 

(a)  Upon  the  application  of  the  country  concerned,  the 
President,  whenever  he  considers  it  in  the  public  interest,  may 
detail  members  of  the  Army,  Navy,  Air  Force,  and  Marine 
Corps  to  assist  in  military  matters — 

(1)  any  republic  in  North  America,  Central  America,  or 
South  America ; 

(2)  the  Republic  of  Cuba,  Haiti,  or  Santo  Domingo  and 

(3)  during  a  war  or  a  declared  national  emergency,  any 
other  country  that  he  considers  it  advisable  to  assist  in  the 
interest  of  national  defense. 

(b)  Subject  to  the  prior  approval  of  the  Secretary  of  the 
military  department  concerned,  a  member  detailed  under  this 
section  may  accept  any  office  from  the  country  to  which  he  is 
detailed.  He  is  entitled  to  credit  for  all  service  while  so  de- 
tailed, as  if  serving  with  the  armed  forces  of  the  United 
States.  Arrangements  may  be  made  by  the  President,  with 
countries  to  which  such  members  are  detailed  to  perform 
functions  under  this  section,  for  reimbursement  to  the  United 
States  or  other  sharing  of  the  cost  of  performing  such  func- 
tions. 

The  Defense  Department,  in  answer  to  inquiries  by  the  Special 
Committee  concerning  this  provision,  has  stated  that  it  has  only  been 
used  with  regard  to  Latin  America,  and  interprets  its  applicability 
as  being  limited  to  noncombatant  advisers.  However,  the  language  of 
Section  712  is  wide  open  to  other  interpretations.  It  could  be  con- 
strued as  a  way  of  extending  considerable  military  assistance  to  any 
foreign  country.  Since  Congress  has  delegated  this  power,  arguments 
could  be  made  against  the  need  for  further  congressional  concurrence 
in  a  time  of  national  emergency. 

The  repeal  of  almost  all  of  the  Emergency  Detention  Act  of  1950 
was  a  constructive  and  necessary  step,  but  the  following  provision 
remains : 

18  U.S.C.  1383.  Restrictions  in  military  areas  and  zones. 

Whoever,  contrary  to  the  restrictions  applicable  thereto, 
enters,  remains  in,  leaves,  or  commits  any  act  in  any  military 
area  or  military  zone  prescribed  under  the  authority  of  an 
Executive  order  of  the  President,  by  the  Secretary  of  the 
Army,  or  by  any  military  commander  designated  by  the  Sec- 
retary of  the  Army,  shall,  if  it  appears  that  he  knew  or 


10 


should  have  known  of  the  existence  and  extent  of  the  res*r1^" 
tions  or  order  and  that  his  act  was  in  violation  thereof,  be 
fined  not  more  than  $5,000  or  imprisoned  not  more  than  one 
year,  or  both. 

18  U.S.C.  1383  does  not  appear  on  its  face  to  be  an  emergency  power. 
It  was  used  as  the  basis  for  internment  of  Japanese-Americans  in 
World  War  II.  Although  it  seems  to  be  cast  as  a  permanent  power,  the 
legislative  history  of  the  section  shows  that  the  statute  was  intended 
as  a  World  War  II  emergency  power  only,  and  was  not  to  apply  in 
"normal"  peacetime  circumstances.  Two  years  ago,  the  Emergency 
Detention  Act  was  repealed,  yet  18  U.S.C.  1383  has  almost  the  same 
effect. 

Another  pertinent  question  among  many,  that  the  Special  Com- 
mittee's work  has  revealed,  concerns  the  statutory  authority  for  do- 
mestic surveillance  by  the  FBI.  According  to  some  experts,  the  author- 
ity for  domestic  surveillance  appears  to  be  based  upon  an  Executive 
Order  issued  by  President  Roosevelt  during  an  emergency  period.  If 
it  is  correct  that  no  firm  statutory  authority  exists,  then  it  is  reason- 
able to  suggest  that  the  appropriate  committees  enact  proper  statutory 
authority  for  the  FBI  with  adequate  provision  for  oversight  by 
Congress. 

What  these  examples  suggest  and  what  the  magnitude  of  emergency 
powers  affirm  is  that  most  of  these  laws  do  not  provide  for  con- 
gressional oversight  or  termination.  There  are  two  reasons  which  can 
be  adduced  as  to  why  this  is  so.  First,  few,  if  any,  foresaw  that  the 
temporary  states  of  emergency  declared  in  1933, 1939, 1941, 1950, 1970, 
and  1971  would  become  what  are  now  regarded  collectively  as  virtually 
permanent  states  of  emergency  (the  1939  and  1941  emergencies  were 
terminated  in  1952).  Forty  years  can,  in  no  way,  be  denned  as  a  tem- 
porary emergency.  Second,  the  various  administrations  who  drafted 
these  laws  for  a  variety  of  reasons  were  understandably  not  concerned 
about  providing  for  congressional  review,  oversight,  or  termination 
of  these  delegated  powers  which  gave  the  President  enormous  powers 
and  flexibility  to  use  those  powers. 

The  intense  anxiety  and  sense  of  crisis  was  contained  in  the  rhetoric 
of  Truman's  1950  proclamation : 

Whereas  recent  events  in  Korea  and  elsewhere  constitute  a 
grave  threat  to  the  peace  of  the  world  and  imperil  the  efforts 
of  this  country  and  those  of  the  United  Nations  to  prevent 
aggression  and  armed  conflict ;  and 

Whereas  world  conquest  by  communist  imperialism  is 
the  goal  of  the  forces  of  aggression  that  have  been  loosed 
upon  the  world ;  and 

Whereas,  if  the  goal  of  communist  imperialism  were  to 
be  achieved,  the  people  of  this  country  would  no  longer  eniov 
the  full  and  rich  life  they  have  with  God's  help  built  for 
themselves  and  their  children;  they  would  no  longer  eniov 
the  blessings  of  the  freedom  of  worshipping  as  they  sevenillv 
choose,  the  freedom  of  reading  and  listening  to  what  thev 
choose,  the  right  of  free  speech,  including  the  right  to  criti 
cize  their  Government,  the  right  to  choose  those  who  con 


11 


duct  their  Government,  the  right  to  engage  freely  in  collec- 
tive bargaining,  the  right  to  engage  freely  in  their  own  busi- 
ness enterprises,  and  the  many  other  freedoms  and  rights 
which  are  a  part  of  our  way  of  life ;  and 

Whereas,  the  increasing  menace  of  the  forces  of  communist 
aggression  requires  that  the  national  defense  of  the  United 
States  be  strengthened  as  speedily  as  possible : 

Now,  therefore,  I,  Harry  S.  Truman,  President  of  the 
United  States  of  America,  do  proclaim  the  existence  of  a  na- 
tional emergency,  which  requires  that  the  military,  naval, 
air,  and  civilian  defenses  of  this  country  be  strengthened  as 
speedily  as  possible  to  the  end  that  we  may  be  able  to  repel 
any  and  all  threats  against  our  national  security  and  to  ful- 
fill our  responsibilities  in  the  efforts  being  made  through  the 
United  Nations  and  otherwise  to  bring  about  lasting  peace. 

I  summon  all  citizens  to  make  a  united  effort  for  the  se- 
curity and  well-being  of  our  beloved  country  and  to  place  its 
needs  foremost  in  thought  and  action  that  the  full  moral  and 
material  strength  of  the  Nation  may  be  readied  for  the  dan- 
gers which  threaten  us. 

I  summon  our  farmers,  our  workers  in  industry,  and  our 
businessmen  to  make  a  mighty  production  effort  to  meet  the 
defense  requirements  of  the  Nation  and  to  this  end  to  elimi- 
nate all  waste  and  inefficiency  and  to  subordinate  all  lesser 
interests  to  the  common  good. 

I  summon  every  person  and  every  community  to  make, 
with  a  spirit  of  neighborliness,  whatever  sacrifices  are  neces- 
sary for  the  welfare  of  the  Nation. 

I  summon  all  State  and  local  leaders  and  officials  to  coop- 
erate fully  with  the  military  and  civilian  defense  agencies 
of  the  United  States  in  the  national  defense  program. 

I  summon  all  citizens  to  be  loyal  to  the  principles  upon 
which  our  Nation  is  founded,  to  keep  faith  with  our  friends 
and  allies,  and  to  be  firm  in  our  devotion  to  the  peaceful  pur- 
poses for  which  the  United  Nations  was  founded. 

I  am  confident  that  we  will  meet  the  dangers  that  confront 
us  with  courage  and  determination,  strong  in  the  faith  that 
we  can  thereby  "secure  the  Blessings  of  Liberty  to  ourselves- 
and  our  Posterity." 

In  witness  whereof,  I  have  hereunto  set  my  hand  and 
caused  the  Seal  of  the  United  States  of  America  to  be  affixed. 

Done  at  the  City  of  Washington  this  16th  day  of  December 
(10:20  a.m.)  in  the  year  of  our  Lord  nineteen  hundred  and 
fifty,  and  ol  the  Independence  of  the  United  States  of  Amer- 
ica the  one  hundred  and  seventy-fifth. 

Harry  S.  Truman. 

TSeal] 

By  the  President: 

Dean  Acheson, 
Secretary  of  State- 


12 


The  heightened  sense  of  crisis  of  the  cold  war  so  evident  in  Truman  s 
proclamation  has  fortunately  eased.  The  legislative  shortcomings 
contained  in  this  body  of  laws  can  be  corrected  on  the  basis  of  rational 
study  and  inquiry. 

In  the  view  of  the  Special  Committee,  an  emergency  does  not  now 
exist.  Congress,  therefore,  should  act  in  the  near  future  to  terminate 
officially  the  states  of  national  emergency  now  in  effect. 

At  the  same  time,  the  Special  Committee  is  of  the  view  that  it  is 
essential  to  provide  the  means  for  the  Executive  to  act  effectively  in 
an  emergency.  It  is  reasonable  to  have  a  body  of  laws  in  readiness  to 
delegate  to  the  President  extraordinary  powers  to  use  in  times  of  real 
national  emergency.  The  portion  of  the  concurring  opinion  given  by 
Justice  Jackson  in  the  Youngstown  Steel  case  with  regard  to  emer- 
gency powers  provides  sound  and  pertinent  guidelines  for  the  main- 
tenance of  such  a  body  of  emergency  laws  kept  in  readiness  to  be  used 
in  times  of  extreme  crisis.  Justice  Jackson,  supporting  the  majority 
opinion  that  the  "President's  power  must  stem  either  from  an  act 
of  Congress  or  from  the  Constitution  itself"  wrote : 

The  appeal,  however,  that  we  declare  the  existence  of  in- 
herent powers  ex  necessitate  to  meet  an  emergency  asks  us  to 
do  what  many  think  would  be  wise,  although  it  is  something 
the  forefathers  omitted.  They  knew  what  emergencies  were, 
knew  the  pressures  they  engender  for  authoritative  action, 
knew,  too,  how  they  afford  a  ready  pretext  for  usurpation. 
We  may  also  suspect  that  they  suspected  that  emergency 
powers  would  tend  to  kindle  emergencies.  Aside  from  suspen- 
sion of  the  privilege  of  the  writ  of  habeas  corpus  in  time  of 
rebellion  or  invasion,  when  the  public  safety  may  require  it, 
they  made  no  express  provision  for  exercise  of  extraordinary 
authority  because  of  a  crisis.  I  do  not  think  we  rightfully 
may  so  amend  their  work,  and,  if  we  could,  I  am  not  con- 
vinced it  would  be  wise  to  do  so,  although  many  modern  na- 
tions have  forthrightly  recognized  that  war  and  economic 
crises  may  upset  the  normal  balance  between  liberty  and  au- 
thority. Their  experience  with  emergency  powers  may  not 
be  irrelevant  to  the  argument  here  that  we  should  say  that 
the  Executive,  of  his  own  volition,  can  invest  himself  with 
undefined  emergency  powers. 

Germany,  after  the  First  World  War,  framed  the  Weimar 
Constitution,  designed  to  secure  her  liberties  in  the  Western 
tradition.  However,  the  President  of  the  Republic,  without 
concurrence  of  the  Reichstag,  was  empowered  temporarily  to 
suspend  any  or  all  individual  rights  if  public  safety  and  order 
were  seriously  disturbed  or  endangered.  This  proved  a  temp- 
tation to  every  government,  whatever  its  shade  of  opinion, 
and  in  13  years  suspension  of  rights  was  invoked  on  more 
than  250  occasions.  Finally,  Hitler  persuaded  President  Von 
Hindenburg  to  suspend  all  such  rights,  and  they  were  never 
restored. 

The  French  Republic  provided  for  a  very  different  kind 
of  emergency  government  known  as  the  "state  of  seige." 
It  differed  from  the  German  emergency  dictatorship  particu- 
larly in  that  emergency  powers  could  not  be  assumed  at  will 


13 


by  the  Executive  but  could  only  be  granted  as  a  parliamen- 
tary measure.  And  it  did  not,  as  in  Germany,  result  in  a  sus- 
pension or  abrogation  of  law  but  was  a  legal  institution  gov- 
erned by  special  legal  rules  and  terminable  by  parliamentary 
authority. 

Great  Britain  also  has  fought  both  World  Wars  under  a 
sort  of  temporary  dictatorship  created  by  legislation.  As  Par- 
liament is  not  bound  by  written  constitutional  limitations,  it 
established  a  crisis  government  simply  by  delegation  to  its 
Ministers  of  a  larger  measure  than  usual  of  its  own  unlimited 
power,  which  is  exercised  under  its  supervision  by  Ministers 
whom  it  may  dismiss.  This  has  been  called  the  "high-water 
mark  in  the  voluntary  surrender  of  liberty,"  but,  as  Churchill 
put  it,  "Parliament  stands  custodian  of  these  surrendered  lib- 
erties, and  its  most  sacred  duly  will  be  to  restore  them  in  their 
fullness  when  victory  has  crowned  our  exertions  and  our 
perseverance."  Thus,  parliamentary  controls  made  emergency 
powers  compatible  with  freedom. 

This  contemporary  foreign  experience  may  be  inconclu- 
sive as  to  the  wisdom  of  lodging  emergency  powers  some- 
where in  a  modern  government.  But  it  suggests  that  emer- 
gency powers  are  consistent  with  free  government  only  when 
their  control  is  lodged  elsewhere  than  in  the  Executive  who 
exercises  them.  That  is  the  safeguard  that  would  be  nullified 
by  our  adoption  of  the  "inherent  powers"  formula.  Nothing  in 
my  experience  convinces  me  that  such  risks  are  warranted  by 
any  real  necessity,  although  such  powers  would,  of  course,  be 
an  executive  convenience. 

In  the  practical  working  of  our  Government  we  already 
have  evolved  a  technique  within  the  framework  of  the  Con- 
stitution by  which  normal  executive  powers  may  be  consid- 
erably expanded  to  meet  an  emergency.  Congress  may  and 
has  granted  extraordinary  authorities  which  lie  dormant  in 
normal  times  but  may  be  called  into  play  by  the  Executive  in 
war  or  upon  proclamation  of  a  national  emergency.  In  1939. 
upon  congressional  request,  the  Attorney  General  listed 
ninety-nine  such  separate  statutory  grants  by  Congress  of 
emergency  or  wartime  executive  powers.  They  were  invoked 
from  time  to  time  as  need  appeared.  Under  this  procedure  we 
retain  Government  by  law — special,  temporary  law,  perhaps, 
but  law  nonetheless.  The  public  may  know  the  extent  and 
limitations  of  the  powers  that  can  be  asserted,  and  persons 
affected  may  be  informed  from  the  statute  of  their  rights  and 
duties- 

In  view  of  the  ease,  expedition  and  safety  with  which  Con- 
gress can  grant  and  has  granted  large  emergency  powers, 
certainly  ample  to  embrace  this  crisis,  I  am  quite  unimpressed 
with  the  argument  that  we  should  affirm  possession  of  them 
without  statute.  Such  power  either  has  no  beginning  or  it 
has  no  end.  If  it  exists,  it  need  submit  to  no  legal  restraint. 
I  am  not  alarmed  that  it  would  plunge  us  straightway  into 
dictatorship,  but  it  is  at  least  a  step  in  that  wrong  direction. 
******* 


24-509  O  -  73  -  3 


14 


But  I  have  no  illusion  that  any  decision  by  this  Court  can 
keep  power  in  the  hands  of  Congress  if  it  is  not  wise  and 
timely  in  meeting  its  problems.  A  crisis  that  challenges  the 
President  equally,  or  perhaps  primarily,  challenges  Congress. 
If  not  good  law,  there  was  worldly  wisdom  in  the  maxim  at- 
tributed to  Napoleon  that  "The  tools  belong  to  the  man  who 
can  use  them."  We  may  say  that  power  to  legislate  for  emer- 
gencies belongs  in  the  hands  of  Congress,  but  only  Congress 
itself  can  prevent  power  from  slipping  through  its  fingers. 

The  essence  of  our  free  Government  is  "leave  to  live  by  no 
man's  leave,  underneath  the  law" — to  be  governed  by  those 
impersonal  forces  which  we  call  law.  Our  Government  is 
fashioned  to  fulfill  this  concept  so  far  as  humanly  possible. 
The  Executive,  except  for  recommendation  and  veto,  has  no 
legislative  power.  The  executive  action  we  have  here  origi- 
nates in  the  individual  will  of  the  President  and  represents 
an  exercise  of  authority  without  law.  No  one,  perhaps  not 
even  the  President,  knows  the  limits  of  the  power  he  may 
seek  to  exert  in  this  instance  and  the  parties  affected  cannot 
learn  the  limit  of  their  rights.  We  do  not  know  today  what 
powers  over  labor  or  property  would  be  claimed  to  flow  from 
Government  possession  if  we  should  legalize  it,  what  rights 
to  compensation  would  be  claimed  or  recognized,  or  on  what 
contingency  it  would  end.  With  all  its  defects,  delays  and  in- 
conveniences, men  have  discovered  no  technique  for  long  pre- 
serving free  government  except  that  the  Executive  be  under 
the  law,  and  that  the  law  be  made  by  parliamentary 
deliberations. 

Such  institutions  may  be  destined  to  pass  away.  But  it  is 
the  duty  of  the  Court  to  be  last,  not  first,  to  give  them  up. 
With  these  guidelines  and  against  the  background  of  experience 
of  the  last  40  years,  the  task  that  remains  for  the  Special  Committee 
is  to  determine— in  close  cooperation  with  all  the  Standing  Commit- 
tees of  the  Senate  and  all  Departments,  Commissions,  and  Agencies 
of  the  Executive  branch-which  of  the  laws  now  in  force  mWbe  of 
use  in  a  future  emergency.  Most  important,  a  legislative  formula  need* 
to  be  devised  which  will  provide  a  regular  and  cLsisCt  pr^urTby 
which  any  emergency  provisions  are  called  into  force.  It  wiU  Z 


TEXTUAL  NOTE 


Compiling  the  Texts  op  Emergency  Power  Statutes 

Pursuant  to  S.  Res.  9  of  January  6,  1973,  the  U.S.  Senate  directed 
the  Special  Committee  on  the  Termination  of  the  National  Emer- 
gency to  study  and  investigate  emergency  powers  legislation  now  in 
force. 

From  the  outset  of  its  work,  the  Special  Committee  faced  the  prob- 
lem of  determining,  with  reasonable  accuracy,  the  number,  nature, 
and  extent  of  emergency  statutes  passed  by  Congress  since  1933  which 
delegate  extraordinary  powers  to  the  President  in  time  of  crisis  or 
impending  catastrophe.  It  was  evident,  initially,  that  existing  listings 
of  executive  emergency  powers  were  either  out-of-date  or  inadequate 
for  the  Special  Committee's  purposes.  It  became  apparent,  too,  that 
the  United  States  Government  has  been  operating  under  an  unrelieved 
state  of  emergency  of  40  years'  duration.  During  this  period,  an  enor- 
mous body  of  laws  dealing  with  severe  economic  crisis  and  America's 
response  to  three  wars  had  been  passed  by  Congress  through  an  almost 
unnoticed  process  of  gradual  accretion. 

In  the  past,  the  only  way  to  compile  a  catalog  useful  to  Congress 
would  have  required  going  through  every  page  of  the  86  volumes  of 
the  Statutes-at-Large.  Fortunately,  the  U.S.  Code  (1970  edition  and 
one  supplement)  was  put  onto  computer  tapes  by  the  United  States 
Air  Force  in  the  so-called  LITE  System,  which  is  located  at  a  military 
facility  in  the  State  of  Colorado.  The  Special  Committee  staff,  work- 
ing in  conjunction  with  the  Justice  Department,  the  Library  of  Con- 
gress, and  the  General  Accounting  Office,  devised  several  programs 
for  computer  searches.  These  programs  were  based  on  a  wide  spectrum 
of  key  words  and  phrases  contained  in  typical  provisions  of  law 
.which  delegate  extraordinary  powers.  Examples  of  some  trigger 
words  are  national  emergency,  "war,"  "national  defense,"  "inva- 
sion," "insurrection,"  etc.  These  programs,  designed  to  produce  a  com- 
puter printout  of  all  provisions  of  the  U.S.  Code  that  pertain  to  a 
state  of  war  or  national  emergency,  resulted  in  several  thousand  ci- 
tations. At  this  point,  the  Special  Committee  staff  and  the  staff  of  the 
American  Law  Division,  Library  of  Congress,  went  through  the 
printouts,  separated  out  all  those  provisions  of  the  U.S.  Code  most 
relevant  to  war  or  national  emergency,  and  weeded  out  those  provisions 
of  a  trivial  or  extremely  remote  nature.  Two  separate  teams  worked 
on  the  computer  printouts  and  the  results  were  put  together  in  a  third 
basic  list  of  U.S.  Code  citations. 

To  determine  legislative  intent,  the  U.S.  Code  citations  were  then 
hand  checked  against  the  Statutes-at-Large,  the  Reports  of  Stand- 

(1S) 


16 


ing  Committees  of  the  U.S.  Senate  and  House  of  Representatives  and, 
where  applicable,  Reports  of  Senate  and  House  Conferences. 

In  addition,  the  laws  passed  since  the  publishing  of  the  19..^SS?e 
Were  checked  and  relevant  citations  were  added  to  the  master  list.  1  ne 
compilation  was  then  checked  against  existing  official  catalogs:  That 
of  the  Department  of  Defense,  "Digest  of  War  and  Emergency  Leg- 
islation Affecting  the  Department  of  Defense" ;  that  of  the  Office  of 
Emergency  Planning,  "Guide  to  the  Emergency  Powers  Conferred 
by  Laws  in  Effect  on  January  1, 1969" ;  and,  the  1962  House  Judiciary 
Committee  synopsis  of  emergency  powers,  "Provisions  of  Federal  Law 
in  Effect  in  Time  of  NationalEmergency. 

The  task  of  compiling  a  catalog  of  emergency  powers  statutes,  there- 
fore, has  been  immeasurably  assisted  by  use  of  computers,  but  com- 
puters could  not  replace  the  need  for  a  systematic  and  very  laborious 
hand  search  of  all  of  the  volumes  of  the  U.S.  Code,  the  Statutes-at- 
Large,  and  Senate  and  House  Reports.  The  following  compilation  is 
intended  to  be  used  as  a  working  list  of  the  most  relevant  emergency 
provisions  of  the  law.  The  Special  Committee  cannot  be  certain  that 
every  statute  that  could  or  may  be  called  into  use  during  a  time  of  war 
or  national  emergency  is  in  the  following  compilation.  However,  the 
Special  Committee  believes  that  the  most  significant  provisions  are 
herein  cataloged. 

The  compilation  is  organized  as  follows : 

1.  A  summary  of  all  the  U.S.  Code  citations  in  order  of  their 
appearance  in  the  Code,  and  specific  Public  Laws  with  the  Con- 
gress and  the  year  they  were  enacted. 

2.  The  texts  of  U.S.  Code  citations  and  Public  Laws  with  ex- 
planatory notes  and  such  material  from  Senate  and  House  Reports 
which  explains  Congress'  primary  intent  concerning  these  pro- 
visions of  law. 

3.  Citation  of  statutes  in  accordance  to  committee  jurisdictions. 
The  appendix  contains : 

1.  Seven  tables  that  list  various  breakdowns  of  the  usage  of 
the  United  States  Code. 

2.  The  four  proclamations  of  national  emergenoy  now  in  effect. 

3.  A  subject  index. 


SUMMARY  OF  STATUTES  DELEGATING  POWERS 
IN  TIME  OF  WAR  OR  NATIONAL  EMERGENCY 


UNITED  STATES  CODE 


Title  2 — The  Congress 


2  U.S.C.  Adjournment  date  for  Congress  is  not  applicable  if  a 
§  198.  state  of  war  exists  pursuant  to  a  declaration  of  war  by 

the  Congress. 


Title  5 — Government  Organizations  and  Employees 


5  U.S.C.        Right  to  review  of  agency  action  by  government  era- 
§§  701-702.     ployees  "except  ...  in  time  of  war  or  in  occupied  ter- 
ritory." 

§  3101.  Until  termination  of  the  "national  emergency  pro- 

claimed by  the  President  on  December  16, 1950,"  heads 
of  executive  departments  and  agencies  may  require  that 
initial  appointments  in  the  civil  service  be  made  on  a 
temporary  or  indefinite  basis. 

§  3326.  Permits  the  appointments  of  retired  members  of  the 

Armed  Forces  to  positions  in  the  Department  of  De- 
fense when  a  state  of  national  emergency  exists. 

§  5305.  Provides  procedures  for  annual  pay  reports  and  adjust- 

ments for  Federal  employees  during  a  national  emer- 
gency or  economic  conditions. 

|  5335.  Relates  to  periodic  step-increases  for  Federal  employ- 

ees during  a  period  of  war  or  national  emergency. 

§  5532.  Relates  to  exceptions  to  reductions  in  retirement  pay  for 

retired  officers  of  the  uniformed  services  because  of  spe- 
cial or  emergency  employment  needs. 

§  5564.  Relates  to  the  sale  of  household  and  personal  effects  of 

employees  during  an  emergency. 

§  8332.  Under  the  Civil  Service  Retirement  Act,  as  amended,  an 

employee  who,  "during  the  period  of  any  war,  or  of  any 
national  emergency  as  proclaimed  by  the  President  or 
(17) 


18 


declared  by  the  Congress,"  leaves  his  position  to 
the  military  service,  shall  not  be  considered  as  separated 
from  his  civilian  position  by  reason  of  such  military 
service,  unless  he  shall  apply  for  and  receive  a  lump- 
sum benefit  under  the  act. 


Title  7 — Agriculture 


7  U.S.C.  The  President  may  suspend  quota  provisions  of  the 
§  1158.  Sugar  Act  of  1947  whenever  he  "finds  and  proclaims 

that  a  national  economic  or  other  emergency  exists"  with 

respect  to  a  sugar  or  liquid  sugar. 

§  1332.  Relates  to  termination  of  national  marketing  quota  for 

wheat  because  of  a  national  emergency. 

§  1371.  The  Secretary  of  Agriculture  may  make  an  investiga- 

tion to  determine  whether  an  increase  or  termination  of 
marketing  quotas  in  certain  commodities  is  necessary 
because  of  a  "national  emergency." 

§  1743.  Commodity  set-asides,  under  the  Agricultural  Act  of 

1954,  may  be  reduced  by  disposal  for  disaster  relief  pur- 
poses in  the  United  States  or  to  meet  any  national  emer- 
gency declared  by  the  President. 

§  1903.  During  the  period  of  any  national  emergency  declared 

by  the  President  or  the  Congress,  the  President,  to  the 
extent  deemed  by  him  to  be  necessary  to  meet  the  essen- 
tial procurement  needs  during  such  emergency,  may 
modify  the  limitations  on  the  procurement  of  livestock 
products  produced  or  processed  by  any  slaughterer  or 
processor  who  slaughters  or  handles  livestock  by  meth- 
ods other  than  methods  designated  and  approved  by  the 
Secretary  of  Agriculture. 


Title  8 — Aliens  and  Nationality 


8  U.S.C.        The  Immigration  and  Nationality  Act  of  1952  provides 

§§  1182, 1185,  thal^- 
1481.  (a.)  an  alien  who  departs  from  or  remains  out 

of  the  United  States  m  order  to  avoid  military 
training  and  service  "in  time  of  war  or  a  period  de- 
clared by  the  President  to  be  a  national  emergency" 
is  ineligible  for  admission  into  the  United  States; 
(b.)  the  travel  of  aliens  to  and  from  the  United 
States  may  be  controlled  "when  the  United  States 
is  at  war  or  during  the  existence  of  any  national 
emergency  proclaimed  by  the  President";  and 


19 


(c.)  a  native-born  or  naturalized  citizen  shall  lose 
his  nationality  if  he  departs  from  or  remains  out- 
side the  jurisdiction  of  the  United  States  "in  time 
of  war  or  during  a  period  declared  by  the  President 
to  be  a  period  of  national  emergency,"  in  order  to 
evade  or  avoid  military  training  and  service. 

)  1440.  Relates  to  naturalization  through  active  duty  service 

"during  any  .  .  .  period  which  the  President  by  Execu- 
tive Order  shall  designate  as  a  period  .  .  .  involving 
armed  conflict  with  a  hostile  foreign  force  .  .  ." 

5 1440e.  Relates  to  exemption  from  naturalization  fee  for  aliens 

who  served  "during  any  .  .  .  period  which  the  Presi- 
dent by  Executive  Order  shall  designate  as  a  period 
.  .  .  involving  armed  conflict  with  a  hostile  foreign 
force." 

j  1442.  Relates  to  exceptions  from  classification  of  alien  ene- 

mies during  hostilities. 


Title  10 — Abmed  Forces 


10  U.S.C.  "In  time  of  war,  or  of  emergency  declared  by  Congress," 
§  123.  the  President  may  suspend  certain  provisions  of  law 

relating  to  reserve  commissioned  officers  of  any  armed 

force. 

§  125.  Relates  to  the  functions ;  powers,  and  duties,  etc.  of  the 

Armed  Forces  during  periods  of  hostilities  or  an  immi- 
nent threat  of  hostilities. 

§  142.  Relates  to  appointment  to  Chairman  of  the  Joint  Chiefs 

of  Staff  "in  time  of  war  declared  by  Congress." 

§  143.  Relates  to  the  tenure  of  the  Joint  Chiefs  of  Staff, 

"except  in  time  of  war." 

§  262.  The  purpose  of  the  reserve  components  is  to  provide 

trained  units  and  qualified  persons  available  for  active 
duty  in  the  armed  forces  "in  time  of  war  or  national 
emergency." 

§  263.  Relates  to  presidential  authorization  to  order  Ready 

Reserve  to  active  duty  during  national  emergencies. 

§  269.  The  provision  that  requires  transfer  to  the  Standby 

Reserves,  of  any  member  of  a  reserve  component  who 
is  not  on  active  duty,  shall  not  be  in  effect  "in  time  of 
war  or  national  emergency  declared  by  Congress." 

§  271.  Relates  to  regulations  to  be  prescribed  by  the  President 

regarding  continuous  screening  of  the  Ready  Reserve  to 
insure  "due  regard  to  national  security  and  military 
requirements." 


20 


§  331.  Relates  to  Federal  aid  for  State  governments  whenever 

there  is  "an  insurrection"  in  any  State  against  its  gov- 
ernment. 

§  332.  Relates  to  the  use  of  militia  and  armed  forces  to  enforce 

Federal  authority  to  suppress  rebellions. 

§  333.  Relates  to  authority  of  President  to  "take  such  measures 

as  he  considers  necessary  to  suppress,  in  a  State,  any 
insurrection,  domestic  violence,  unlawful  combination, 
or  conspiracy." 

§  334.  Relates  to  the  President  to  issue  a  proclamation  to 

disperse  to  insurgents  to  retire  peaceably  to  their  abodes 
within  a  limited  time. 

§  351.  "During  a  war  and  at  any  other  time  when  the  Pres- 

ident determines  that  the  security  of  the  United  States 
is  threatened,"  the  President  may  arm  any  watercraft 
or  aircraft  that  is  capable  of  being  used  as  a  means  of 
transportation. 

§  506.  Relates  to  the  extension  of  enlistments  of  the  regular 

components  during  a  "period  of  war." 

§  511.  Enlistments  in  a  reserve  component  in  effect  at  the  be- 

§ inning  of  a  war  or  of  a  national  emergency  declared 
y  Congress,  or  entered  into  during  such  period,  con- 
tinues until  six  months  after  the  end  of  that  war  or 
emergency. 

§  519.  Relates  to  temporary  enlistments  "in  time  of  war  or  of 

emergency  declared  by  Congress." 

§§  565, 599.  "In  time  of  war,  or  of  emergency  declared  after  May  29, 
1954,  by  Congress  or  the  President,"  the  President  may 
suspend  operation  of  any  provision  of  law  relating  to 
promotion,  or  mandatory  retirement  or  separation,  of 
permanent  regular  or  reserve  warrant  officers  of  any 
armed  force. 

§  671a.  Relates  to  extension  of  active  service  in  armed  forces 

"for  the  duration  of  war." 

§  671b.  Relates  to  Presidential  authority  to  extend  active  duty 

service  in  "the  national  interest."' 

§  672.  "In  time  of  war  or  of  national  emergency  declared  by 

Congress,"  any  member  or  unit  of  a  reserve  component 
may  be  ordered  to  active  duty,  without  his  consent,  for 
the  duration  of  such  war  or  emergency  and  six  months. 

§  673.  Relates  to  the  Ready  Reserve  in  time  of  a  national 

emergency. 

§  674.  Units  and  members  in  the  Standby  Reserve  may  be 

ordered  to  active  duty  (other  than  for  training)  "only 
m  time  of  war,  of  national  emergency  declared  by  Con- 
gress, or  when  otherwise  authorized  by  law." 


21 


A  member  in  the  Retired  Reserve  may,  if  qualified,  be 
ordered  to  active  duty  without  his  consent  only  "in  time 
of  war  or  of  national  emergency  declared  by  Congress," 
or  when  otherwise  authorized  by  law. 
If  an  active  duty  agreement  of  a  reservist  expires  "dur- 
ing a  war  or  during  a  national  emergency  declared  by 
Congress  or  the  President  after  January  1,  1953,"  the 
reservist  may  be  kept  on  active  duty  without  his  consent. 
"In  time  of  war  or  of  national  emergency  declared  by 
Congress  or  the  President  after  January  1,  1953,"  a 
member  of  a  reserve  component  may  be  released  from 
active  duty  only  upon  certain  conditions. 

Relates  to  the  readjustment  payment  upon  involuntary 
release  from  active  duty  of  non-regulars  in  the  Armed 
Forces,  except  in  time  of  "war  or  national  emergency." 

"During  a  war  or  a  declared  national  emergency"  the 
President  may  detail  officers  and  enlisted  men  of  the 
Army,  Navy,  Air  Force,  and  Marine  Corps  to  the  gov- 
ernments of  such  other  countries  as  he  deems  it  in  the 
interest  of  national  defense  to  assist. 

§  802,  Art.  2.  Relates  to  persons  subject  to  provisions  of  military 
justice  "in  time  of  war." 

§  843,  Art.  43.  Relates  to  the  Statute  of  Limitations  relating  to  court 
martial  offenses  in  time  of  war. 

§  871,  Art.  71.  '"In  time  of  war  or  national  emergency,"  the  Secretary 
of  the  branch  of  the  service  concerned  may  commute  a 
sentence  of  dismissal  of  officers  to  reduction  to  any  en- 
listed grade. 

§  1035.  Relates  to  interest  on  savings  deposits  of  members  of 

the  armed  forces  during  the  Vietnam  conflict.  For  the 
purposes  of  this  section,  the  Vietnam  conflict  ends  on 
the  date  "designated  by  the  President  by  Executive 
order." 

§  1161.  Relates  to  the  limitations  on  dismissal  of  commissioned 

officers  in  "time  of  war." 

§§  2231, 2233.  The  Secretary  of  Defense  is  authorized  to  acquire  and 
expand  facilities  necessary  for  use  of  Reserve  compo- 
nents in  time  of  war  or  national  emergency. 

§  2235.  The  Secretary  of  Defense  may  not  permit  any  use  or 

disposition  of  facilities  acquired  for  certain  national 
defense  purposes,  that  would  interfere  with  its  use  "in 
time  of  war  or  national  emergency"  by  other  units  of 
the  Armed  Forces  or  by  the  United  States  for  any  other 
purpose. 


§§  675,  672. 

§679. 

§681. 

§  687. 
§712. 


22 


§  2236.  States  or  Territories  receiving  contributions  for  exPa£_ 

sion,  etc.,  of  facilities  for  Reserve  components  ol  tne 
Armed  Forces,  may  not  permit  any  use  or  disposition 
of  such  facility  as  would  interfere  with  its  use  in  time 
of  war  or  national  emergency." 

1 2304.  Contracts  for  supplies  and  services  may  be  negotiated 

without  advertising  if  determined  to  be  necessary  in  the 
public  interest  "during  a  national  emergency  declared 
.  by  Congress  or  the  President." 

§  2542.  Secretaries  of  the  military  departments  may,  in  time  of 

war,  lend  equipment  to  the  Red  Cross  for  the  purpose 
of  aiding  the  Armed  Services. 

§  2602.  Whenever  the  Presidents  finds  it  necessary  he  may  ac- 

cept the  services  of  the  American  National  Red  Cross. 

§  2604.  Relates  to  authority  of  President  "whenever  .  . .  neces- 

sary to  the  interest  of  United  States  commitments 
abroad"  to  cooperate  with  and  assist  the  United  Sea- 
men's Service. 

§  2632.  Transportation  to  and  from  place  of  employment  may 

be  furnished,  at  reasonable  rates,  to  persons  employed 
in  a  military  department  "during  a  war  or  during  a 
national  emergency  declared  by  Congress  or  the  Presi- 
dent." 

§§  2663,2664.  The  Secretary  of  a  military  department  may  "in  time 
of  war  or  when  war  is  imminent,"  take  and  use  property, 
including  property  for  lumber  production,  immedi- 
ately upon  the  filing  of  petition  for  condemnation. 

§  2667.  Property  leased  to  another  by  the  Secretary  of  a  mili- 

tary department,  must  be  revocable  by  the  Secretary 
"during  a  national  emergency  declared  by  the  Presi- 
dent." 

§  2667.  Leases  of  real  or  personal  property  must  be  revocable 

"during  a  national  emergency  declared  by  the  Presi- 
dent." 

§  2674.  Until  June  30, 1962,  the  Secretary  of  a  military  depart- 

ment may  lease  housing  facilities  at  or  near  military  in- 
stallations for  assignment  as  public  quarters  to  members 
and  their  dependents,  when  there  is  a  lack  of  housing 
facilities  at  such  installations. 

§  2733.  Relates  to  property  loss,  personal  injury  or  death  inci- 

dent to  noncombat  activities  of  the  Armed  Forces. 

§  2734.  Relates  to  property  loss,  personal  injury  or  death  inci- 

dent to  noncombat  activities  of  the  armed  forces  in 
foreign  countries. 

§  3031.  Limitations  on  the  number  of  officers  of  the  Army 

assigned  to  permanent  duty  in  the  executive  office  of  the 
Department  of  the  Army  not  to  apply  "in  time  of  war 


23 


or  of  national  emergency  declared  by  Congress,  or  when- 
ever the  President  finds  that  it  is  in  the  national  inter- 
est" to  increase  the  number  so  assigned. 

§  3034.  Relates  to  Presidential  appointment  of  the  Chief  of 

Staff  "in  time  of  war  or  national  emergency." 

§  3062.  The  organized  peace  establishment  of  the  Army  consists 

of  all  organizations  and  units  necessary  to  form  the 
basis  for  a  complete  and  immediate  mobilization  for  the 
national  defense  "in  the  event  of  a  national  emergency." 

§  3063.  The  Secretary  of  the  Army  may  discontinue  or  consoli- 

date basic  branches  of  the  Army  for  the  "duration  of 
any  war,  or  of  any  national  emergency  declared  by 
Congress." 

§  3201.  Restrictions  on  the  authorized  personnel  strength  of  any 

component  of  the  Armed  Forces  are  suspended  until 
July  1, 1963. 

§  3202.  "In  time  of  war,  or  of  national  emergency  declared  after 

May  5, 1954,  by  Congress  or  the  President,"  the  Presi- 
dent may  suspend  the  provisions  of  law  relating  to  of- 
ficers in  certain  commissioned  grades  in  the  Army. 

§  3313.  "In  time  of  war  or  of  emergency  declared  by  Congress 

or  the  President,"  the  President  may  suspend  the  opera- 
tion of  any  provision  of  law  relating  to  promotion,  or 
mandatory  retirement  or  separation,  of  commissioned 
officers  of  the  Regular  Army. 

§  3444.  "In  time  of  emergency  declared  by  Congress  or  the 

President,  and  in  time  of  war,"  the  President  may 
appoint  any  qualified  person  in  any  temporary  com- 
missioned grade. 

§  3445.  "In  time  of  war  or  of  national  emergency  declared  by 

the  President,"  a  Regular  officer  or  Reserve  warrant 
officer  may  be  appointed  to  a  temporary  grade  higher 
than  his  Regular  or  Reserve  grade  without  vacating 
that  grade. 

§§  3500, 8500.  The  President  may  call  into  the  Federal  Service  mem- 
bers and  units  of  the  National  Guard  of  the  States,  etc., 
whenever  "the  United  States  ...  is  invaded  or  is  in 
danger  of  invasion  by  a  foreign  nation." 

§  3741.  Relates  to  the  medal  of  honor  during  service  during  an 

armed  conflict. 

§  3742.  Relates  to  Presidential  award  of  the  distinguished  serv- 

ice cross  to  persons  "while  engaged  in  military  opera- 
tions involving  conflict  with  an  opposing  foreign 
force." 

§3746.  Relates  to  the  presentation  of  the  silver  star  during 

service  during  an  armed  conflict. 


24 

§  3750.  Relates  to  the  presentation  of  soldier's  medal  during 

actual  conflict. 

§  4025.  The  regular  working  hours  of  laborers  and  mechanics 

employed  by  the  Department  of  the  Army  aunne  a. 
national  emergency  declared  by  the  President,  shall  be 
8  hours  per  day  or  40  hours  per  week. 

§§  4501,4502,  "In  time  of  war  or  when  war  is  imminent"  the  Presi- 
9501,  9502.  dent  may  order  necessary  products  to  be  manufactured 
at  private  plants  or  take  over  such  plants  upon  refusal 
to  comply  with  such  orders ;  and  maintain  lists  of  plants 
capable  of  war  production. 

§  4742.  Relates  to  presidential  control  of  transportation  sys- 

tems "in  time  of  war." 

§  4776.  "If  in  an  emergency  the  President  considers  it  urgent," 

a  temporary  fort  or  fortification  may  be  built  on  pri- 
vate land  if  the  owner  consents  in  writing. 

1 4780.  Relates  to  the  acquisition  of  buildings  in  the  District  of 

Columbia  in  time  of  war  or  when  war  is  imminent. 

§  5081.  Relates  to  the  reappointment  of  the  Chief  of  Naval 

Operations  in  time  of  war  or  national  emergency. 

§  5201.  Relates  to  appointment  of  Commandant  of  Marine 

Corps  "in  time  of  war  or  national  emergency." 

§  5231.  "In  time  of  war  or  national  emergency"  the  limit  on  the 

number  of  officers  serving  in  the  grades  of  admiral  and 
vice  admiral  shall  not  apply. 

§  5232.  The  President  may  designate  officers  on  the  active  list  of 

the  Marine  Corps  above  the  grade  of  lieutenant  colonel 
for  appropriate  higher  commands  or  the  performance 
of  duty  of  great  importance  and  responsibility  "in  time 
of  war  or  national  emergency;"  and  during  such  time 
the  provision  restricting  the  number  of  positions  in  the 
grade  of  lieutenant  general  to  two,  shall  not  apply; 
such  number  may  be  increased  to  ten. 

§  5234.  "During  a  war  or  national  emergency,"  the  President 

may  suspend  certain  provisions  relating  to  distribution 
of  certain  high  grades  in  the  Navy  and  Marine  Corps. 

§  5402.  The  authorized  strength  of  the  Regular  Marine  Corps, 

excluding  retired  members,  is  400,000,  "except  in  time 
of  war  or  national  emergency  declared  by  Congress 
after  June  28, 1952." 

§  5447.  The  limit  on  the  number  of  officers  not  restricted  in  the 

performance  of  duty  who  may  hold  permanent  appoint- 
ments on  the  active  list  in  the  line  of  the  Navy  in  the 
grade  of  rear  admiral  shall  not  apply  "in  time  of  war 
or  national  emergency." 


25 


i  5448(e).  The  limit  on  the  number  of  officers  who  may  have  per- 
manent appointments  on  the  active  list  of  the  Marine 
Corps  in  the  grades  of  major  general  and  brigadier 
general  shall  not  apply  "in  time  of  war  or  national 
emergency." 

§  5448(f).  The  number  of  Marine  Corps  officers  on  the  active  list 
designated  for  supply  duty  Holding  permanent  appoint- 
ments in  the  grade  of  brigader  general  may  not  exceed 
four,  "except  in  time  of  war  or  national  emergency." 

5  5449(a).  The  limit  on  the  numbers  of  officers  who  may  hold 
permanent  appointments  on  the  active  list  of  the  Navy 
in  certain  designated  corps,  in  the  grade  of  rear  admi- 
ral, shall  not  apply  "in  time  of  war  or  national  emer- 
gency." 

]  5450.  The  limit  on  the  number  of  retired  officers  of  the  Reg- 

ular Navy  in  the  grade  of  rear  admiral  and  above  who 
may  be  on  active  duty  shall  not  apply  "in  time  of  war 
or  national  emergency." 

I  5451.  "During  a  war  or  national  emergency,"  the  President 

may  suspend  any  provisions  of  law  relating  to  distribu- 
tion in  grade  of  officers  of  the  Navy  and  Marine  Corps. 

§  5451  (b) .  The  President  may  suspend  provisions  of  law  relating 
to  officers  serving  in  grades  above  lieutenant  in  the  Navy 
or  captain  in  the  Marine  Corps  "only  during  a  war  or 
national  emergency  declared  by  Congress  or  the  Presi- 
dent after  May  5, 1954." 

1 5597.  Certain  temporary  appointments  in  the  Navy  and 

Marine  Corps,  provided  for  in  U.S.C.  10 :5597,  may  be 
made  only  "in  time  of  war  or  during  a  national  emer- 
gency declared  by  the  President." 

]  5598.  "In  time  of  national  emergency  declared  by  the  Presi- 

dent or  by  Congress,  and  in  time  of  war,"  temporary 
appointments  may  be  made  in  any  commissioned  grade 
in  the  Naval  Reserve  or  the  Marine  Corps  Reserve  from 
qualified  persons;  such  appointments  to  be  effective 
until  6  months  after  such  war  or  emergency. 

}  5599.  The  President  may  increase  the  number  of  appoint- 

ments made  in  the  Medical  Corps  in  the  Navy  "in  time 
of  war  or  declared  national  emergency." 

}  5662.  "During  a  war  or  national  emergency,"  the  President 

may  suspend  certain  provisions  of  law  (10  U.S.C. 
§§5651-5661)  relating  to  running  mates  in  the  Navy. 

j  5711.  "During  a  war  or  national  emergency,"  the  President 

may  suspend  provisions  of  law  (10  U.S.C.  §§  5701- 
5710)  relating  to  Navy  and  Marine  Corps  selection 
boards. 


26 


1 5785.  "During  a  war  op  national  emergency  £  the  Pj?^!1* 

may  suspend  provisions  of  law  (10  TJ.S.G.  g§  v.'0L~ 
5784)  relating  to  Navy  and  Marine  Corps  promotions. 

§  5787.  Certain  temporary  promotions  in  the  Navy  and  Marine 

Corps  may  be  made  "only  in  time  of  war  or  during  a 
national  emergency  declared  by  the  President. 

§  5982.  Relating  to  the  detail  of  retired  officers  to  command 

on  ships  and  squadrons  in  time  of  war. 

§  6241.  Relates  to  the  presentation  of  the  Medal  of  Honor  in  the 

Navy  while  engaged  in  armed  conflict. 

§  6242.  Relating  to  the  presentation  of  the  Navy  Cross  while 

engaged  in  armed  conflict. 

§  6244.  Relates  to  Presidential  award  of  the  Silver  Star  medal 

to  persons  "engaged  in  military  operations  involving 
conflict  with  an  opposing  hostile  force." 

§  6246.  Relates  to  the  presentation  of  Navy  and  Marine  Corps 

medals  during  a  period  of  armed  conflict* 

§  6386(c).      The  President  may  suspend  provisions  of  law  (10U.S.C. 

§§  6371-6385)  relating  to  involuntary  retirement,  sepa- 
ration, and  furlough  of  officers  of  the  Navy  and  Marine 
Corps  "during  a  war  or  national  emergency." 

§6408.  Relates  to  the  limitation  on  dismissal  of  Navy  and 

Marine  Corps  warrant  officers,  except  in  time  of  war. 

§  6481.  "In  time  of  war  or  national  emergency  declared  by  the 

President,"  the  Secretary  of  the  Navy  may  order  any 
retired  officer  of  the  Regular  Navy  or  the  Regular 
Marine  Corps  to  active  duty  at  sea  or  on  shore. 

§  6482.  "In  time  of  war  or  national  emergency,"  the  Secretary 

of  the  Navy  may  order  to  active  duty  any  retired  en- 
listed member  of  the  Regular  Navy  or  the  Regular  Ma- 
rine Corps. 

§  6485(a).  A  member  of  the  Fleet  Reserve  or  the  Fleet  Marine 
Corps  Reserve  may  be  called  to  active  duty  without  his 
consent  "in  time  of  war  or  national  emergency  declared 
by  Congress,"  or  "in  time  of  national  emergency  de- 
clared by  the  President." 

§  6486.  "In  time  of  war  or  national  emergency  declared  by  Con- 

gress or  by  the  President  after  January  1,  1953,"  a 
member  of  the  Fleet  Reserve  or  the  Fleet  Marine  Corps 
Reserve  may  be  released  from  active  duty  only  under 
certain  conditions. 

§  6587.  Rear  admirals  on  the  retired  list  entitled  to  pay  of  the 

lower  half  and  who  serve  satisfactorily  for  two  years 
on  active  duty  "in  time  of  war  or  national  emergency" 
in  that  grade  or  higher,  are  entitled  to  retired  pay  equal 
to  75  percent  of  pay  of  a  rear  admiral  in  the  upper 
half. 


27 


1 6911(b).  The  requirement  that  20  percent  of  the  aviation  cadets 
procured  in  each  fiscal  year  shall  be  procured  from 
qualified  enlisted  members  of  the  Eegular  Navy  and 
the  Eegular  Marine  Corps,  shall  not  apply  "in  time  of 
war  or  emergency  declared  by  Congress. 

\  7224.  The  Secretary  of  the  Navy  may  authorize  the  trans- 

portation and  subsistence  of  certain  persons  on  naval 
vessels  at  Government  expense,  "in  time  of  war  or  dur- 
ing a  national  emergency  as  declared  by  the  President." 

"In  time  of  war  or  during  a  national  emergency  de- 
clared by  the  President"  persons  designated  by  the  Sec- 
retary of  the  Navy  may  be  transported  and  subsisted  on 
naval  vessels  at  Government  expense. 

§  7722.  Relates  to  stay  of  court  proceedings  endangering  the 

security  of  naval  operations  "in  time  of  war." 

§  7724.  Relates  to  the  stay  of  proceedings  for  taking  evidence 

before  a  suit  is  filed  for  damages  caused  by  naval  action 
in  time  of  war. 

§  7727.  Relates  to  the  duration  of  stay  of  proceedings  for  suits 

relating  to  naval  damages  in  time  of  war. 

§  8031  (c).  The  limit  on  the  number  of  officers  of  the  Air  Force  who 
may  be  assigned  to  permanent  duty  in  the  executive  part 
of  the  Department,  shall  not  apply  in  time  of  war  or  of 
national  emergency  declared  by  Congress,  or  "whenever 
the  President  finds  that  it  is  in  the  national  interest"  to 
increase  the  number. 

§  8031(d).  Restrictions  on  the  tour  of  duty  of  commissioned  of- 
ficers of  the  Air  Force  detailed  to  duty  in  the  executive 
part  of  the  Department  shall  not  apply  "in  time  of  war, 
or  of  national  emergency  declared  by  Congress." 

§  8034.  Relates  to  appointment  of  Chief  of  Staff  of  the  Air 

Force  "in  time  of  war  or  national  emergency." 

§  8202.  "In  time  of  war,  or  of  national  emergency  declared  after 

May  5,  1954,  by  Congress  or  the  President,"  the  Presi- 
dent may  suspend  provisions  of  law  relating  to  the  au- 
thorized strength  of  officers  in  the  Air  Force. 

§  8212.  Relates  to  the  strength  in  grade,  temporary  increases  of 

the  Air  Force  during  an  emergency. 

§  8257(d).  The  requirement  that  at  least  20  percent  of  the  aviation 
cadets  designated  in  each  fiscal  year  shall  be  selected 
from  members  of  the  Regular  Air  Force  or  the  Regular 
Army  who  are  eligible  and  qualified,  shall  not  apply  "in 
time  of  war  or  of  emergency  declared  by  Congress." 

8  8313  "In  time  of  war  or  of  emergency  declared  by  Congress 

or  the  President"  the  President  may  suspend  the  opera- 
tion of  any  provision  of  law  relating  to  promotion,  or 
mandatory  retirement  or  separation,  of  commissioned, 
officers  of  the  Regular  Air  Force. 


28 


S  8395.  Relates  to  appointment  of  reserve  officers  "in  time  of 

war." 

\  8444(a).  "In  time  of  emergency  declared  by  Congress  or  the  Pres- 
ident, and  in  time  of  war,"  the  President  may  appoint 
any  qualified  person  in  any  temporary  commissioned 
grade  in  the  Air  Force. 

5  8445(a).  "In  time  of  war  or  of  national  emergency  declared  by 
the  President,"  a  Regular  officer  or  Reserve  warrant  of- 
ficer may  be  appointed  in  a  temporary  grade  of  the  Air 
Force  higher  than  his  Regular  or  Reserve  grade  with- 
out vacating  that  grade. 

§  8741.  Relates  to  the  presentation  of  the  Medal  of  Honor  to 

members  of  the  Air  Force  during  armed  conflict. 

§  8742.  Relates  to  Presidential  award  of  Air  Force  cross  to  per- 

sons "engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force." 

§  8746.  Relates  to  the  presentation  of  the  Silver  Star  to  mem- 

bers of  the  Air  Force  during  armed  conflict. 

§  8750.  Relates  to  the  presentation  of  the  Airmans'  Medal  to 

members  of  the  Air  Force  during  armed  conflict. 

§  9022.  Relating  to  the  employment  of  contract  surgeons  by  the 

Air  Force  during  an  emergency. 

§  9025.  "During  a  national  emergency  declared  by  the  Presi- 

dent," the  regular  working  hours  of  laborers  and  me- 
chanics of  the  Department  of  the  Air  Force  are  8  hours 
a  day  or  40  hours  a  week. 

§  9441.  Relating  to  the  payment  of  travel  expenses  to  members 

of  the  Civil  Air  Patrol  "in  time  of  war  or  of  national 
emergency." 

§  9501  (c) .  The  Secretary  of  the  Air  Force  may  authorize  payment 
of  travel  expenses  and  allowances  for  members  of  the 
Civil  Air  Patrol  while  engaged  in  carrying  out  certain 
missions  "in  time  of  war  or  national  emergency  .  .  . 
declared  by  the  Congress  or  the  President,  after  May  27, 
1954." 

§  9502.  Relates  to  industrial  mobilization  in  time  of  war  or 

when  war  is  imminent. 

§  9591.  Relates  to  the  operations  of  a  public  utility  by  the  Air 

Force  in  field  overseas  during  actual  or  threatened 
hostilities. 

§  9742.  Relates  to  Presidential  control  of  transportation  sys- 

tems "in  time  of  war." 

§  9773.  Relates  to  the  acquisition  and  construction  of  air  bases 

and  depots  during  national  emergencies. 

§  9776.  If  in  "an  emergency"  the  President  considers  it  urgent 

a  temporary  airbase  or  fortification  may  be  built  on 
private  land  if  the  owner  consents  in  writing. 


29 


§  9780. 


12  U.S.C. 
§95. 

§95a. 

§249. 

§  635f. 

§  1425a. 
§  1703(b) 

§  1705. 
§  1784b. 


14  U.S.C. 
§3. 

§214. 


Relates  to  the  acquisition  of  buildings  in  the  District  of 
Columbia  by  the  Air  Force  in  time  of  war  or  when  war 
is  imminent. 


Title  12 — Banks  and  Banking 


Relates  to  limitations  and  restrictions  on  business  of 
members  of  the  Federal  Reserve  System  "during  such 
emergency  period  as  the  President  .  .  .  may  prescribe." 

"During  the  time  of  war  or  during  any  other  period  of 
national  emergency  declared  by  the  President,"  he  may 
provide  for  the  regulation  of  transactions  in  foreign 
exchange,  and  certain  transactions  of  member  banks  of 
the  Federal  Reserve  System,  etc. 

Control  over  consumer  credit  may  be  exercised  only 
"during  the  time  of  war  beginning  after"  August  8, 
1947,  "or  any  national  emergency  declared  by  the  Presi- 
dent" after  such  date. 

The  operating  authority  of  the  Export-Import  Bank 
of  Washington  is  extended  for  a  period  of  5  years, 
namely  from  June  30,  1958,  to  June  30,  1963. 
Relates  to  supension  of  liquidity  requirements  for  sav- 
ings and  loan  associations  in  time  of  national  emergency. 
The  authority  to  insure  financial  institutions  making 
loans  under  the  National  Housing  Act  is  continued  to 
September  30, 1965. 

The  authority  under  the  Defense  Housing  and  Com- 
munity Facilities  and  Services  Act  to  make  loans  to 
public  and  nonprofit  agencies  for  construction  of  hospi- 
tals, is  revived  to  continue  until  June  30,  1962. 
Relates  to  the  allocation  of  funds  for  housing  mortgages 
for  emergency  purposes. 

A  limitation  is  placed  on  the  insurance  of  mortgages 
under  the  Armed  Services  Housing  Mortgage  Insur- 
ance Title  of  the  National  Housing  Act,  after  October  1, 
1962. 


Title  14 — Coast  Guard 


Relates  to  operation  of  the  Coast  Guard  as  a  service  in 
the  Navy  "[u]pon  declaration  of  war  or  when  the  Presi- 
dent directs. 

Relates  to  the  original  appointment  of  temporary 
officers  in  the  Regular  Coast  Guard. 


24-509  O  -  73  -  4 


30 


§275. 

§331. 
§359. 
§367. 

§371. 
§491. 
§493. 

§652. 

§778. 

15  U.S.C. 
§76. 

§77. 


16  U.S.C. 
§440. 


Relates  to  suspension  of  provisions  pertaining  to  the 
selection,  promotion,  and  involuntary  separation  of 
officers  "[i]n  time  of  war,  or  of  national  emergency 
declared  by  the  President  or  Congress." 
In  time  of  war  or  national  emergency,  the  Secretary 
may  order  any  regular  officer  of  the  Coast  Guard  on  the 
retired  list  to  active  duty. 

The  Commandant  of  the  Coast  Guard  may  "in  times  of 
war  or  national  emergency,"  order  enlisted  men  on  the 
retired  list  to  active  duty. 

"During  a  period  of  war  or  national  emergency  as  pro- 
claimed by  the  President,"  enlisted  men  of  the  Coast 
Guard  may  be  detained  beyond  the  term  of  their  enlist- 
ments. 

Relates  to  procurement  of  aviation  cadets  "in  time  of 
war  or  national  emergency  declared  by  Congress." 

Relates  to  the  presentation  of  the  Medal  of  Honor  to 
members  of  the  Coast  Guard  during  an  armed  conflict. 

Relates  to  Presidential  presentation  of  Coast  Guard 
Medal  for  Service  "not  involving  an  actual  conflict  with 
the  enemy." 

Relates  to  the  removal  of  restrictions  on  purchase  con- 
tracts by  the  Coast  Guard  during  a  war  or  national 
emergency. 

"In  time  of  war  or  national  emergency  declared  by  the 
Congress,"  the  President  may  suspend  provisions  of  law 
relating  to  reserved  commissioned  officers  of  the  Coast 
Guard. 


Title  15 — Commerce  "and  Trade 


Relates  to  Presidential  authority  to  retaliate  against  re- 
strictions of  importations  "during  the  existence  of  a 
war  in  which  the  United  States  is  not  engaged." 
Relates  to  discrimination  against  neutral  Americans 
"during  the  existence  of  a  war  in  which  the  United 
States  is  not  engaged." 


Title  16 — Conservation 


The  Secretary  of  the  Interior  may  in  case  of  a  national 
emergency  close  Fort  McHenry  military  reservation 
and  use  it  for  such  period  of  time  thereafter  as  the  Dub- 
lic  needs  may  require.  r 


31 


}  590p.  Relates  to  termination  or  modification  of  agreements 

with  owners  and  operators  of  land  in  the  Great  Plains 
area  "because  of  an  emergency  created  by  drought  or 
other  disaster." 

\  809.  Projects  licensed  under  the  Federal  Water  Power  Act 

for  the  manufacture  of  nitrates,  etc.,  may  be  requisi- 
tioned by  the  United  States  when,  in  the  opinion  of  the 
President  the  safety  of  the  United  States  demands  it. 

§  824a.  The  Federal  Power  Commission  may,  in  time  of  war  or 

when  it  determines  that  an  electrical  power  crisis  exists, 
require  whatever  generation,  delivery,  or  transmission 
of  electrical  energy  as  will  best  meet  the  emergency. 

j|  831d.  Relates  to  maintenance  and  operation  of  plants  for  pro- 

duction, sale,  and  distribution  of  fertilizers  and  power 
"in  case  of  war  or,  until  six  months  after  the  termina- 
tion of  the  national  emergency  proclaimed  by  the  Pres- 
ident on  December  16, 1950." 

§  831n-4.  Restrictions  on  the  sale  or  delivery  of  electric  power  by 
the  TVA  outside  certain  areas  shall  not  prevent  the 
transmission  of  TV  A  power  to  the  Atomic  Energy 
Commission  or  the  Department  of  Defense  or  any 
agency  thereof,  on  certification  of  the  President  that 
"an  emergency  defense  need  for  such  power  exists." 

§  831s.  Relates  to  power  of  the  United  States  Government  to 

take  possession  of  fertilizer  and  power  plants  "in  case 
of  war  or  national  emergency  declared  by  Congress." 

§  832g.  Relates  to  the  purchase  of  supplies  and  services  by  the 

Army  from  certain  public  works  projects. 

§  833f.  Relates  to  the  purchase  of  supplies  and  services  by  the 

Army  from  various  public  works  projects. 


Title  18 — Crimes  and  Criminal  Procedure 


18  U.S.C.       Relates  to  criminal  penalties  for  gathering,  transmit- 

§  793.  ting,  or  losing  defense  information. 

§  794.  Relates  to  provisions  of  the  Criminal  Code  on  espio- 

nage and  censorship  on  the  gathering  or  delivering  de- 
fense information  to  aid  a  foreign  government. 

§  795.  Relates  to  the  provisions  of  the  Criminal  Code  relating 

to  photographing  and  sketching  defense  installations. 

§§  798, 2157,    Provisions  of  the  Criminal  Code  which  impose  heavier 
2391.  penalties  for  certain  acts  of  espionage  and  sabotage  in 

time  of  w.ir,  are  continued  in  effect  "until  six  months 
after  the  termination  of  the  national  emergency  pro- 
claimed bj  the  President  on  De>^mber  16,  1950." 


32 


§  963.  Relates  to  Presidential  authority  to  detain  armed  ves- 

sels "during  a  war  in  which  the  United  States  is  a  neu- 
tral nation. 

§  967.  Relates  to  the  departure  of  vessels  forbidden  in  aid 

of  neutrality  during  a  war. 

§  1383.  Provides  for  the  imprisonment  or  fining  of  anyone  who 

knowingly  enters  a  military  zone  prescribed  by  the 
President,  the  Secretary  of  the  Army,  or  any  military 
commander  designated  by  the  Secretary  of  the  Army. 

§§  2153, 2154.  When  the  United  States  is  at  war,  or  in  times  of  na- 
tional emergency  as  declared  by  the  President  or  by 
the  Congress,  wilful  injury  to  or  destruction  of  war  ma- 
terial or  the  production  of  defective  war  material  is 
punishable  by  a  fine  of  $10,000  and/or  imprisonment 
up  to  thirty  years. 

§  2511.  Relates  to  the  Criminal  Code  provisions  on  interception 

and  disclosure  of  wire  or  oral  communications. 

§  3287.  Relates  to  wartime  suspension  of  the  statute  of  limita- 

tions for  certain  offenses. 


Title  19 — Customs  Duties 


19  U.S.C.  "Whenever  the  President  shall  by  proclamation  declare 
§  1318.  an  emergency  to  exist  by  reason  of  a  state  of  war  or 

otherwise,"  he  may  extend  the  time  for  the  performance 
of  certain  acts  under  the  Tariff  Act  of  1930,  and  permit 
free  importation  of  food,  clothing,  and  medical  supplies 
for  use  in  emergency  relief  work. 

§  1351.  Relates  to  the  authority  of  the  President  to  modify  im- 

port restrictions  "for  the  duration  of  war  or  an  emer- 
gency." 

§  1862.  Relating  to  the  report  on  investigations  by  the  Director 

of  Office  of  Emergency  Preparedness. 


Title  20 — Education 


20  U.S.C.  Relates  to  the  authority  of  the  President  to  preserve  a 
§  79.  certain  area  in  the  Canal  Zone  "except  in  the  event  of 

declared  national  emergency." 

§  241-1.  Relates  to  assistance  for  current  school  expenditures  in 

cases  of  certain  disasters. 

§  646.  Relates  to  assistance  by  the  Office  of  Emergency  Plan- 

ning relating  to  schools,  etc.  during  cases  of  disasters. 


33 

Title  22 — Foreign  Relations  and  Intercourse 


The  President  may  order  the  seizure  and  detention  of 
arms  or  munitions  of  war  being  exported  or  shipped  out 
of  the  United  States  in  violation  of  law. 

Relates  to  proclamation  of  state  of  war  between  foreign 
states. 

Relates  to  financial  transactions  during  a  state  of  war. 

Relates  to  restrictions  on  use  of  American  ports  during 
any  war. 

Relates  to  the  restrictions  on  submarines  and  armed 
merchant  vessels  during  any  war. 

Relates  to  the  prevention  of  offenses  against  neutrality 
during  any  war. 

Relates  to  detention  by  collectors  of  customs  of  arms 
and  munitions  of  wars. 

Relates  to  congressional  declaration  of  policy,  embargo 
on  war  materials,  denial  of  assistance  to  nations  failing 
to  embargo  shipments  during  a  war. 

Relates  to  military  assistance  in  the  general  area  of  the 
Middle  East  against  armed  aggression  from  any  coun- 
try controlled  by  international  communism. 
Relates  to  the  furnishing  of  military  assistance  to  the 
United  Nations  Emergency  Force. 
Relates  to  the  expiration  of  the  provisions  relating  to 
the  Middle  East  peace  and  stability. 
Relates  to  the  prohibitions  against  furnishing  foreign 
assistance  in  the  national  interest. 
Relates  to  Presidential  authority  to  negotiate  a  sale  of 
supersonic  planes  to  Israel  to  prevent  future  Arab  ag- 
gression. 


Title  25 — Indians 


25  U.S.C.  Relates  to  the  abrogation  of  Indian  Treaties  when  any 
§  72.  Indian  tribe  is  in  actual  hostility. 


Title  26 — Internal  Revenue  Code 


26  U.S.C.  Relates  to  determination  of  adjusted  basis  of  facility 
§  168.  certified  by  the  President  "as  necessary  in  the  interest 

of  national  defense  during  [an]  emergency  period"  .for 

purposes  of  amortization. 


22  U.S.C. 
|401. 

S441. 

|W7. 
§  450. 

§451. 

§461. 

§464. 

.§  1611. 

§  1962. 

§  1963. 
§  1965. 
§  2370. 
|  2410. 


34 


§  7508. 


29  U.S.C. 
§176. 

§178. 


31  U.S.C. 
§§  80a,  80b. 

§80c. 
§203. 

§241. 


32  U.S.C. 
§104. 

§111. 


Relates  to  the  time  for  performing  certain  acts  under 
the  Internal  Revenue  Code  postponed  by  reason  of  war. 


Title  29 — Labor 


Relates  to  the  appointment  of  boards  of  inquiry  by  the 
President  in  national  emergencies  because  of  labor 
disputes. 

Relates  to  strikes,  subject  to  injunction  during  national 
emergencies  because  of  labor  disputes. 


Title  31 — Money  and  Finance 


"In  time  of  war  or  national  emergency,"  and  for  18 
months  thereafter,  the  time  for  examination  of  monthly 
accounts  of  disbursing  officers  of  the  Army,  Navy, 
Marine  Corps,  and  Coast  Guard,  is  extended  from  60  to 
90  days. 

Relates  to  extension  of  time  for  examination  of  ac- 
counts of  Navy  expenditures  "in  time  of  war  or  during 
any  emergency  declared  by  Congress." 

The  Assignment  of  Claims  Act  of  1940  is  amended  so 
as  to  facilitate  the  financing  of  defense  contracts  "in 
time  of  war  or  national  emergency  proclaimed  by  the 
President  (including  the  national  emergency  pro- 
claimed December  16,  1950)  or  by  Act  or  joint  resolu- 
tion of  the  Congress  and  until  such  war  or  national 
emergency  has  been  terminated." 

Relates  to  time  limitations  for  presentation  of  certain 
claims  by  members  of  the  uniformed  services  "in  time 
of  war  or  in  time  of  armed  conflict." 


Title  32 — National  Guard 


Relates  to  the  organization  of  the  Army  National  Guard 
and  the  composition  of  its  units  subject  "in  time  of 
peace"  to  certain  general  exceptions. 

Relates  to  Presidential  authority  to  suspend  operation 
of  certain  provisions  relating  to  the  recognition  and  dis- 
charge of  officers  in  the  Army  National  Guard  or  Air 
National  Guard  "[i]n  time  of  war,  or  of  emergency 
declared  by  Congress." 


35 


§  302.  Enlistments  in  the  National  Guard  (which  are  for  three 

years  for  original  enlistments  and  one  to  three  for  re- 
enlistments),  may,  if  "an  emergency  is  declared  by  Con- 
gress," be  extended  by  the  President  until  six  months 
after  the  termination  of  that  emergency. 

§  715.  Relates  to  certain  claims  against  the  United  States  sub- 

ject to  exceptions  for  claims  accruing  "in  time  of  war  or 
armed  conflict." 


Title  33 — Navigation  and  Navigable  Waters 


33  U.S.C.  "In  time  of  emergency  declared  by  the  President  or  by 
§  853.  the  Congress,  and  in  time  of  war,"  the  President  may 

suspend  provisions  of  the  Coast  and  Geodetic  Survey 
Commissioned  Officers'  Act  pertaining  to  promotion. 

§  854a-l.  Relates  to  temporary  appointment  or  advancement  of 
commissioned  officers  of  the  National  Oceanic  and 
Atmospheric  Administration  "in  time  of  war  or  national 
emergency." 

§  855.  The  President  may  transfer  vessels,  equipment,  stations, 

and  personnel  of  the  Coast  and  Geodetic  Survey  to  the 
jurisdiction  of  the  Department  of  Defense,  "whenever 
in  his  judgment  a  sufficient  national  emergency  exists." 


Title  35 — Patents 


35  U.S.C.  Orders  to  keep  inventions  secret  and  withhold  patents 
§  181.  in  effect  or  issued,  "during  a  time  when  the  United 

States  is  at  war"  or  "during  a  national  emergency  de- 
clared by  the  President,"  shall  remain  in  effect  for  the 
duration  of  the  war  and  1  year  following  cessation  of 
hostilities,  and  for  the  duration  of  the  emergency  plus 
6  months. 

Title  37 — Pat  and  Allowances  of  the  Uniformed  Services 


37  U.S.C.  Relates  to  pay  grades  of  certain  retired  rear  admirals 
§  202.  who  served  on  active  duty  "in  time  of  war  or  national 

emergency." 

§  310.  Relates  to  special  pay  for  members  of  the  uniformed 

services  whose  duty  was  subject  to  hostile  fire. 


36 


8  407.  Exempts  the  provisions  of  law  relating  to  travel  and 

transportation  allowances  of  the  uniformed  services  in 

time  of  national  emergency. 
§  427.  Relates  to  family  separation  allowances  of  members  of 

uniformed  services  subject  to  exceptions  for  "war  or 

.  .  .  national  emergency." 
§901.  Relates  to  wartime  pay  of  an  officer  of  the  armed 

forces  exercising  command  higher  than  his  grade. 


Title  38 — Veterans'  Benefits 


38  U.S.C.  Relates  to  definitions  for  purposes  of  Title  38.— Vet- 
§  101.  erans  Benefits.  The  term  "period  of  war"  is  defined  to 

begin  "on  the  date  of  any  future  declaration  of  war  by 
the  Congress"  and  ending  on  the  date  "prescribed  by 
Presidential  proclamation  or  concurrent  resolution  of 
the  Congress." 

§  521.  Relates  to  non-service-connected  disability  pensions  for 

veterans  of  wars. 


Title  40 — Public  Buildings,  Property,  and  Works 


40  U.S.C.  "During  wartime  or  national  emergency,"  the  proce- 
§  71d.  dures  prescribed  for  proposed  Federal  and  District  of 

Columbia  developments  and  projects  shall  not  apply  to 
projects  within  the  Capitol  grounds  or  to  structures 
erected  on  military  reservations. 

§  276a-5.  "In  the  event  of  a  national  emergency"  the  President 
may  suspend  provisions  of  the  act  of  August  30,  1935, 
relating  to  rate  of  wages  for  laborers  and  mechanics 
employed  on  public  buildings. 

§  278b.  "During  war  or  a  national  emergency  declared  by  Con- 

gress or  by  the  President"  provisions  of  the  act  of 
June  30, 1932,  restricting  the  rental  on  buildings  leased 
to  the  Government  to  15  percent  of  the  fair  market 
value,  may  be  suspended. 

§  314.  Relates  to  the  authority  of  the  President  to  make  sales 

of  war  supplies  to  foreign  states  or  governments  "en- 
gaged in  war  against  any  government  with  which  the 
United  States  is  at  war." 

§  484.  The  General  Services  Administrator  may  negotiate  for 

disposal  of  surplus  property  without  regard  to  require- 
ments of  advertising  for  bids,  etc.,  but  subject  to  ob- 
taining such  competition  as  is  feasible  under  the  cir- 


37 


§534. 

41  U.S.C. 
§11- 

§15. 
§252. 

42  U.S.C. 
§204. 

§  210-1. 
§211. 

§217. 


cumstances,  if  necessary  in  the  public  interest  "during 
the  period  of  a  national  emergency  declared  by  the 
President  or  the  Congress." 

Relates  to  waiver  of  procedures  for  disposal  and  acqui- 
sition of  real  property  "during  any  period  of  national 
emergency  declared  by  the  President." 


Title  41 — Public  Contracts 


Permits  the  Armed  Services  to  purchase  clothing,  for- 
age, fuel,  and  other  supplies  without  an  appropriation 
from  Congress. 

The  Assignment  of  Claims  Act  of  1940  is  amended  so  as 
to  facilitate  the  financing  of  defense  contracts  "in  time- 
of  war  or  national  emergency  proclaimed  by  the  Presi- 
dent (including  the  national  emergency  proclaimed 
Decmeber  16, 1950)  or  by  Act  or  joint  resolution  of  the 
Congress  and  until  such  war  or  national  emergency  has 
been  terminated." 

Contracts  for  supplies  and  services,  under  the  Federal 
Property  and  Administrative  Services  Act  of  1949,  may 
be  negotiated  without  advertising  if  determined  to  be 
necessary  in  the  public  interest  "during  the  period  of  a 
national  emergency  declared  by  the  President  or  by  the 
Congress." 


Title  42 — The  Public  Health  and  Welfare 


Relates  to  the  composition  of  commissioned  Regular 
Corps  and  a  Reserve  Corps  "for  the  purpose  of  securing 
a  reserve  for  duty  in  the  Service  in  time  of  national 
emergency." 

The  prohibition  on  granting  of  annual  leave  to  officers 
of  the  Public  Health  Service  between  date  of  applica- 
tion for,  and  effective  date  of  retirement,,  is  waived  in 
cases  of  "emergency." 

"In  time  of  war,  or  of  national  emergency  proclaimed  by 
the  President,"  commissioned  officers  of  the  Regular 
Corps  of  the  Public  Health  Service  may  be  recom- 
mended for  promotion  whether  or  not  a  vacancy  occurs 
in  such  grade. 

"In  time  of  war,  or  of  emergency  proclaimed  by  the 
President,"  the  President  may  utilize  the  Public  Health 
Service  to  such  extent  as  he  deems  necessary  in  the  pub- 
lic interest. 


I 


38 

§  266.  Relates  to  special  quarantine  powers  of  the  Public 

Health  Service  in  time  of  war. 

§  1313.  The  Secretary  of  Health,  Education,  and  Welfare  is 

authorized  to  provide  temporary  assistance  to  United 
States  citizens  and  their  dependents  who  have  been  re- 
turned to  the  United  States  from  a  foreign  country 
because  of  "war,  threat  of  war,  invasion,  or  similar 
crisis  .  .  .  and  are  without  available  resources." 

§  1477.  Relates  to  preferences  for  veterans  and  families  of  de- 

ceased servicemen.  "Veteran"  is  defined  to  mean  "a  per- 
son who  served  in  the  military  forces  of  the  United 
States  during  any  war  between  the  United  States  and 
any  other  nation." 

§  1541.  Relates  to  termination  of  certain  provisions  pertaining 

to  defense,  housing  projects,  and  works  "[w]hen  the 
President  shall  have  declared  that  the  emergency  de- 
clared by  him  on  September  8,  1939,  has  ceased  to 
exist." 

§  1592.  Relates  to  the  authority  of  the  administrator  of  the 

Housing  and  Home  Finance  Administration  relating 
to  critical  defense  housing  areas. 

§  1711.  Defines  "war-risk  hazard,"  "hostile  force  or  person," 

and  "war  activities"  for  the  purposes  of  public  health 
and  welfare  statutes. 

§  1712.  Relates  to  the  definition  of  war-risk  hazard  for  such 

benefits. 

§  2138.  "Whenever  the  Congress  declares  that  a  state  of  war  or 

national  emergency  exists"  the  Atomic  Energy  Commis- 
sion may  suspend  licenses  granted  under  the  Atomic 
Energy  Act. 

§§  2165,         The  Atomic  Energy  Act  of  1954  is  amended  so  as  to 
2201.  provide  (1)  that  "whenever  the  Congress  declares  that 

a  state  of  war  exists,  or  in  the  event  of  a  national  dis- 
aster due  to  enemy  attack,"  the  Atomic  Energy  Com- 
mission may  employ  individuals  and  permit  them  to 
have  access  to  Restricted  Data,  before  completion  of 
their  security  check,  and  (2)  to  authorize  the  Commis- 
sion to  establish  a  succession  of  authority  which  will  as- 
sure the  continuity  of  direction  of  the  Commission's 
operations  "in  the  event  of  a  national  disaster  due  to 
enemy  activity." 


Title  43 — Public  Lands 


43  U.S.C.  The  requirement  that  withdrawals  or  reservations  of 
§  155.  more  than  5,000  acres  of  public  lands  of  the  United 

States  for  use  of  the  Defense  Department  for  defense 


 J 


39 


purposes  be  made  only  by  act  of  Congress,  is  not  appli- 
cable "in  time  of  war  or  national  emergency  hereafter 
declared  by  the  President  or  the  Congress." 

Relates  to  restrictions  on  delivery  of  water  for  produc- 
tion of  excessive  basic  commodities  "in  the  interest  of 
national  security." 

Relates  to  certain  rights  and  powers  retained  by  the 
United  States  pertaining  to  the  purchase  of  national  re- 
sources "[i]n  time  of  war  or  when  necessary  for  na- 
tional defense." 

All  leases  issued  under  the  Outer  Continental  Shelf 
Lands  Act  shall  contain  a  provision  vesting  authority 
in  the  Secretary  of  the  Interior,  "during  a  state  of  war 
or  national  emergency  declared  by  the  Congress  or  the 
President  of  the  United  States"  after  August  7,  1953, 
to  suspend  operations  under  any  such  lease. 


Title  44 — Public  Printing;  and  Documents 


Relates  to  Presidential  authority  to  suspend  require- 
ments for  filing  of  documents  for  publication  in  the 
Federal  Register  "as  a  result  of  attack  or  threatened 
attack." 

Relates  to  the  authority  of  the  head  of  an  agency  of  the 
United  States  Government  to  destroy  records  outside 
the  continental  United  States  "during  a  state  of  war  be- 
tween the  United  States  and  another  nation,  or  when 
hostile  action  by  a  foreign  power  appears  imminent." 


Title  45 — Railroads 


§  228c-l.  Relates  to  provisions  for  inclusion  of  years  of  military 
service  in  determining  eligibility  for  an  annuity  and 
computations  under  the  Railroad  Retirement  Act  of 
1937.  The  term  "war  period"  is  defined  as  beginning  on 
"the  date  on  which  the  Congress  of  the  United  States 
declared  war." 


Title  46 — Shipping 


46  U.S.C  Relates  to  Presidential  designation  of  "hospital  ships" 
§§  133, 134.     which  shall  "in  time  of  war"  be  exempted  from  all  dues 

and  taxes  imposed  on  vessels  by  the  laws  of  the  United 

States. 


§  1616ZZ. 
§1314. 

§1341. 


44  U.S.C. 
§  1505. 

§3311. 


40 


§  249a.  The  Secretary  of  Commerce  may  issue  distinguished 

service  ribbon  bars  for  outstanding  and  meritorious 
service  by  members  of  the  United  States  Merchant  Ma- 
rine after  June  30, 1950,  "in  any  time  of  war,  or  national 
emergency  proclaimed  by  the  President  or  by  Congress." 

§  835.  "When  the  United  States  is  at  war,  or  during  any  na- 

tional emergency,  the  existence  of  which  is  declared  by 
proclamation  of  the  President,"  it  shall  be  unlawful, 
without  the  consent  of  the  Federal  Maritime  Board,  to 
transfer  American  ships  to  a  foreign  registry,  to  sell 
American  vessels  to  other  than  citizens,  to  agree  to  con- 
struct vessels  for  other  than  citizens,  etc. 

§  861.  Declaration  of  policy  to  develop  and  encourage  the 

maintainence  of  the  merchant  marine  for  use  in  time 
of  war  or  national  emergency. 

§  1132.  "During  a  national  emergency  as  proclaimed  by  the 

President,"  he  may  suspend  provisions  of  section  302  of 
the  Merchant  Marine  Act  of  1936,  relating  to  citizenship 
of  officers  and  crews  of  vessels. 

§  1151.  Applications  to  the  Federal  Maritime  Board  for  con- 

struction differentials  must  not  be  approved  by  the 
Board  unless  plans  and  specifications  indicate  vessel 
will  be  suitable  for  use  by  the  United  States  "in  time  of 
war  or  national  emergency." 

§  1161.  Relates  to  the  establishment  of  reserve  funds  for  the 

construction  or  acquisition  of  vessels  certified  by  the 
Secretary  of  Commerce  to  be  "desirable  for  use  by  the 
United  States  in  case  of  war  or  national  emergency." 

§§  1202, 1242.  Charters  of  vessels  may  be  terminated  by  the  Federal 
Maritime  Board,  and  vessels  of  citizens  may  be  requisi- 
tioned "whenever  the  President  shall  proclaim  that  the 
security  of  the  national  defense  makes  it  advisable,  or 
during  any  national  emergency  declared  by  proclama- 
tion of  the  President." 

§  1241.  In  amending  the  Merchant  Marine  Act  so  as  to  provide 

permanent  legislation  for  the  transportation  of  a  sub- 
stantial portion  of  waterborne  cargoes  in  United  States- 
flag  vessels,  Congress  stipulates  that  provisions  under 
the  amendment  may  be  waived  "whenever  the  Congress 
by  concurrent  resolution  or  otherwise,  or  the  President 
of  the  United  States  or  the  Secretary  of  Defense  de- 
clares that  an  emergency  exists  justifying  a  temporary 
waiver." 

§  1294.  Whenever  adequate  insurance  is  not  otherwise  avail- 

able, until  September  7,  1965,  the  Secretary  of  Com- 
merce may  provide  (1)  war  risk  insurance  for  water- 
borne  commerce  of  the  United  States,  and  (2)  certain 
marine  and  liability  insurance  for  the  protection  of 
certain  vessels,  cargoes,  and  crews. 


41 


§  1402.  Relates  to  federal  subsidies  for  construction  of  private 

fishing  vessels  which  are  suitable  for  use  by  the  United 
States  for  National  Defense  or  Military  purposes  "in 
time  of  war  or  national  emergency." 

§  1406.  The  law  providing  a  program  to  assist  certain  depressed 

segments  of  the  fishing  industry  by  allowing  subsidies 
to  aid  in  construction  of  new  fishing  vessels,  stipulates 
that  the  plans  and  specifications  for  the  vessel  are  suit- 
able, among  other  things,  for  use  by  the  United  States 
for  national  defense  or  military  purposes  "in  time  of 
war  or  national  emergency." 


Title  47 — Telegraphs,  Telephones,  and  Radiotelegraphs 


47  U.S.C.  The  requirement  that  the  Federal  Communications 
§  308.  Commission  receive  written  application  before  granting 

a  radio  station  construction  permit  or  station  license 
may  be  waived  "during  a  national  emergency  pro- 
claimed by  the  President  or  declared  by  the  Congress 
and  during  the  continuance  of  any  war  in  which  the 
United  States  is  engaged,"  and  when  such  action  is  nec- 
essary for  the  national  defense. 

§  606(a).  Under  the  Communications  Act  of  1934,  the  President 
is  authorized,  "during  the  continuance  of  a  war  in  which 
the  United  States  is  engaged,"  to  direct  that  preference 
be  given  to  communications  that  he  deems  essential  to 
national  defense. 

§  606(c).  "Upon  proclamation  by  the  President  that  there  exists 
war  or  a  threat  of  war,  or  a  state  of  public  peril  or  dis- 
aster or  other  national  emergency,"  the  President  may 
suspend  rules  and  regulations  applicable  to  radio  sta- 
tions or  to  electromagnetic  radiation  control. 


Title  49 — Transportation 


49  U.S.C.  Certain  preferences  and  priorities  in  the  transportation 
§  1.  of  traffic  under  sections  1(15)  and  420  of  the  Interstate 

Commerce  Act,  are  continued  in  full  force  and  effect 
"until  six  months  after  the  termination  of  the  national 
emergency  proclaimed  by  the  President  on  December 
16,  1950,"  or  until  such  earlier  date  as  the  Congress  by 
concurrent  resolution  designates. 
§  6.  Relates  to  preferences  of  shipments  in  time  of  war  to 

the  United  States. 


42 

§  1020.  Relates  to  special  powers  of  freight  forwarders  during 

time  of  war  or  other  emergency. 

§  1343.  Relates  to  the  powers  of  the  Federal  aviation  adminis- 

tration in  time  of  war. 

§  1348.  Relates  to  the  use  of  airspace  control  and  facilities  for 

military  emergencies. 


Title  50 — Wak  and  National  Defense 


50XJ.S.C.  Relates  to  the  restraint,  regulations,  and  removal  of 
§  21.  alien  enemies  during  a  declared  war. 

§  82.  Relates  to  the  procurement  of  ships  and  material  dur- 

ing war. 

§  98d.  Stocks  of  strategic  and  critical  materials  acquired  under 

the  Stockpiling  Act  shall  not  be  released  for  use,  sale, 
etc.,  except  "in  time  of  war  or  during  a  national  emer- 
gency." 

§  167c.  "Whenever  Congress  or  the  President  declares  that  a 

war  or  national  emergency  exists,"  the  Secretary  of  the 
Interior  may  suspend  licenses  issued  for  the  sale  and 
transportation  of  nelium  in  interstate  commerce. 

§  191.  The  President  may  provide  for  the  control  and  anchor- 

age of  foreign-flag  vessel  in  territorial  waters  of  the 
United  States,  whenever  he  "finds  that  the  security  of 
the  United  States  is  endangered  by  reason  of  actual  or 
threatened  war,  or  invasion  or  insurrection,  or  subver- 
sive activity,"  etc. 

§§  196-198.  The  President  may,  though  the  Secretary  of  Commerce, 
acquire  foreign-flag  vessels  lying  idle  in  United  States 
waters,  whenever  the  security  of  the  national  defense 
makes  it  advisable  or  "during  any  national  emergency 
declared  by  proclamation  of  the  President." 

§  205.  Relates  to  the  suspension  of  commercial  intercourse 

with  a  State  in  insurrection. 

§  206.  Relates  to  the  suspension  of  commercial  intercourse 

with  part  of  State  in  insurrection. 

§  207.  Relates  to  the  actions  of  persons  affected  by  suspension 

of  commercial  intercourse  when  a  State  is  in  insurrec- 
tion. 

§  208.  Relates  to  the  licensing  or  permitting  commercial  inter- 

course with  a  State  or  region  in  insurrection. 

§  212.  Relates  to  the  confiscation  of  property  employed  to  aid 

insurrection  in  a  State. 


43 


§  223.  Relates  to  forfeiture  of  vessels  owned  by  citizens  of  in- 

surrectionary States. 

§§  451-162.  Relates  to  comprehensive  program  to  assure  a  national 
reserve  of  machine  tools  and  industrial  manufacturing 
equipment  to  supply  the  needs  of  the  Armed  Forces  "in 
time  of  national  emergency  or  in  anticipation  thereof." 

§  812.  In  the  event  of  a  declaration  of  a  war  by  Congress,  or  if 

the  President  finds  on  account  of  certain  existing  cir- 
cumstances that  the  proclamation  of  an  emergency  is 
essential  to  the  preservation,  protection,  and  defense  of 
the  constitution,  he  may  proclaim  such  as  an  Internal 
Security  Emergency  whereupon  certain  defensive  meas- 
ures shall  be  provided. 

§  832.  Relates  to  full  field  investigation  and  appraisal  of  per- 

sonnel security  procedures  in  the  National  Security 
Agency. 

§  1431.  Relates  to  the  authorization  and  restrictions  of  National 

Defense  Contracts. 

§  1435.  Effective  "during  a  national  emergency  declared  by 

Congress  or  the  President  and  for  six  months  after  the 
termination  thereof  or  until  such  earlier  time  as  Con- 
gress, by  concurrent  resolution,  may  designate,"  the 
President  may  authorize  any  department  or  agency  of 
the  Government  exercising  functions  in  connection  with 
the  prosecution  of  the  national  defense  effort,  to  enter 
into  contracts  or  amendments  or  modifications  of  con- 
tracts, and  to  make  advance  payments  thereon  without 
regard  to  other  provisions  of  law  relating  to  contracts 
whenever  he  deems  such  action  would  facilitate  the 
national  defense. 

[Note. — This  authority  which  was  contained  in 
Title  II  of  the  First  War  Powers  Act  and  was  to  have 
expired  thereunder  June  30, 1958,  is  now  permanently 
on  the  books  for  activation  during  any  periods  of 
national  emergency.] 
§§  1511, 1512,  Relates  to  reports  to  Congress  on  chemical  and  biological 
1513, 1515,  warfare  program. 
1516, 1517, 

1518.   


Title  50,  Appendix — War  and  National  Defense 


50U.S.C.  Relates  to  Presidential  authority  under  the  Trading 
§  3_  With  the  Enemy  Act  to  censor  certain  communications 

passing  between  the  United  States  and  any  foreign 

country  "during  the  present  war." 


44 


4.  Relates  to  the  licenses  to  enemy  or  allies  of  enemy  in- 
surance or  reinsurance  companies  doing  business  in  the 
United  States. 

5.  Relates  to  Presidential  authority  under  the  Trading 
With  the  Enemy  Act  to  regulate  transactions  m  foreign 
exchange  of  gold  and  silver,  property  transfers,  Tested 
interests,  enforcement  and  penalties  "during  the  time 
of  war  or  during  any  other  period  of  national  emer- 
gency declared  by  the  President." 

j  6.  Relates  to  Presidential  authority  under  the  Trading 

With  the  Enemy  Act  to  appoint  and  prescribe  the  duties 
of  an  alien  property  custodian  "who  shall  be  empowered 
to  receive  all  money  and  property  in  the  United  States 
due  or  belonging  to  an  enemy." 

j  7.  Relates  to  procedures  to  be  followed  such  as  lists  of 

enemy  or  ally  of  enemy  officers,  directors  or  stock- 
holders of  corporations  in  United  States,  etc.  under  the 
Trading  With  the  Enemy  Act. 

i  8.  Relates  to  suspension  of  the  statute  of  limitations  under 

the  Trading  With  the  Enemy  Act  oh  certain  contracts 
and  obligations  "until  after  the  end  of  the  war." 

j  9.  Relates  to  claims  to  property,  etc.,  under  the  Trading 

With  the  Enemy  Act  in  time  of  war  or  during  national 
emergency. 

i  10.  Relates  to  procedures,  etc.  relating  to  patents,  trade- 

marks or  copyrights  under  the  Trading  With  the  En- 
emy Act. 

}  11.  Relates  to  Presidential  authority  under  the  Trading 

With  the  Enemy  Act  to  impose  certain  prohibitions  on 
imports  "during  the  present  war." 

J 12.  Relates  to  procedures  to  be  followed  in  the  transfer  of 

property  to  the  Alien  Property  Custodian  under  the 
Trading  With  the  Enemy  Act. 

}  14.  Relates  to  refusal  to  grant  clearance  for  export  of  gold 

or  silver  coin  in  cargoes  "[d]uring  the  present  war" 
under  the  Trading  With  the  Enemy  Act." 

5 19.  Relates  to  the  printing,  newspaper  or  publication  in 

foreign  languages  under  the  Trading  With  the  Enemy 
Act. 

\  32.  Relates  to  the  procedure  of  return  of  enemy  property 

by  the  Alien  Property  Custodian,  under  the  Trading 
With  the  Enemy  Act. 

1 38.  Relates  to  the  shipment  of  relief  supplies  under  the 

Trading  With  the  Enemy  Act. 

J  40.  Relates  to  the  authority  of  the  President  relating  to 

intercustodial  conflicts  involving  enemy  property  un- 
der the  Trading  With  the  Enemy  Act. 


45 


§  785.  The  restriction  on  the  making  of  photographs  and 

sketches  of  properties  of  the  military  establishment 
(originally  to  be  effective  for  the  duration  of  World 
War  II),  is  continued  in  effect  "until  six  months  after 
the  termination  of  the  national  emergency  proclaimed 
by  the  President  on  December  16, 1950." 

§  1211.  Relates  to  renegotiation  of  contracts  for  the  procure- 

ment of  property,  processes,  and  services,  and  construc- 
tion of  facilities  "necessary  for  the  national  defense." 

§  1213.  Relates  to  definitions  for  purposes  of  provisions  per- 

taining to  renegotiation  of  contracts.  "Department"  is 
defined  to  include  any  agency  of  the  Government  "exer- 
cising functions  having  a  direct  and  immediate  connec- 
tion with  the  national  defense  which  is  designated  by 
the  President  during  a  national  emergency  proclaimed 
by  the  President,  or  declared  by  the  Congress." 

§  1216.  Relates  to  exceptions  to  the  applicability  of  certain  pro- 

visions pertaining  to  the  renegotiation  of  contracts 
"during  a  national  emergency  proclaimed  by  the  Presi- 
dent." 

§  1622.  "During  any  national  emergency  declared  by  the  Presi- 

dent or  by  the  Congress,"  the  United  States  may  have 
exclusive  or  nonexclusive  control  and  possession  of  air- 
ports disposed  of  as  surplus  under  authority  of  this 
act. 

§  1742.  Places  limit  on  compensation  to  be  paid  for  the  use  of  a 

vessel  by  the  United  States  prior  to  the  termination  of 
the  1941  national  emergency. 

§  1744.  Relates  to  the  sale  of  surplus  war-built  vessels. 

§§  1878e,        Relates  to  the  loan  of  ships  to  friendly  nations  in  an 

1878s,  emergency. 

1878vv. 

§  2005.  Relates  to  benefits,  etc.  for  prisoners  of  war. 

§§  2071-73,  Certain  powers  of  the  President  under  the  National 
2151-63,  Defense  Production  Act  of  1950,  are  extended  to 
2166.  June  30,  1972,  such  as :  (1)  priorities  and  allocations  of 

materials  and  facilities  for  defense  contracts,  (2)  en- 
couragement to  small  business  enterprises  to  make  con- 
tributions towards  defense  efforts,  and  (3)  employment 
of  experts  and  consultants,  at  daily  rates  of  compensa- 
tion. 

8  2093.  The  authority  to  purchase  strategic  materials  under 

section  303  of  the  Defense  Production  Act  is  extended 

from  June  30, 1963,  to  June  30, 1965. 
8  2291.  Relates  to  proclamation  of  emergency  and  termination 

thereof  during  a  civil  defense  emergency. 
8  2292.  Relates  to  the  utilization  of  Federal  departments  and 

agencies  during  a  civil  defense  emergency. 


24-509  O  -  73  -  5 


46 


§  2293.  Relates  to  the  emergency  powers  of  the  Civil  Defense 

administrator. 

§  2294.  Relates  to  the  liability  of  the  Federal  Government  for 

death  or  personal  injury  to  employees  during  a  civil 
defense  emergency. 

§  2295.  Relates  to  the  waiver  of  the  Administrative  Procedure 

Act  during  a  civil  defense  emergency. 

§  2297.  The  standby  powers  of  the  Administrator  of  the  Office 

of  Emergency  Planning  (formerly  the  Office  of  Civil 
and  Defense  Mobilization)  are  extended  to  June  30, 
1962. 

§§  2401-2413.  Relates  to  authority  to  control  exports  from  the  United 
States  "to  the  extent  necessary  to  exercise  the  necessary 
vigilance  over  exports  from  the  standpoint  of  their  sig- 
nificance to  the  national  security  of  the  United  States." 


PUBLIC  LAWS 


68th  Congress 


PUBLIC   LAW  68—438 

The  conveyance  of  a  perpetual  easement  upon  a  portion  of  the 
military  reservation  on  Anastasia  Island,  Fla.,  to  the  St.  Johns  Elec- 
tric Co.,  shall  be  subject  to  the  right  of  the  United  States,  "in  case 
of  an  emergency"  to  assume  control  and  use  of  the  property.  [Act  of 
February  21, 1925;  43  Stat.  959.] 


PUBLIC   LAW   68-47  9 

The  transfer  of  the  Hoboken  Manufacturers'  Railroad  to  the  Port 
of  New  York  Authority  shall  be  on  condition  that  the  railroad  facil- 
ity may  be  used  by  the  United  States  "in  the  event  of  war  or  any  other 
national  emergency.''''  [Act  of  February  26, 1925 ;  43  Stat.  984.] 


PUBLIC   LAW  68-568 

The  conveyance  of  certain  portion  of  the  military  reservation  of 
the  Presidio  of  San  Francisco  to  the  city  and  county  of  San  Fran- 
cisco shall  provide  that  "in  the  event  of  war  or  any  other  great 
national  emergency''1  the  United  States  shall  have  the  right  to  take 
exclusive  possession  of  the  property.  [Act  of  March  3,  1925 ;  43  Stat. 
1129.]   


69tii  Congress 


PUBLIC   LAW  G9-99 

Lease  to  city  of  Tucson,  Ariz.,  of  certain  public  lands  for  a  munic- 
ipal aviation  field  shall  be  upon  condition  that  the  Government  may 
assume  control  of  the  land  "in  case  of  emergency.'"  [Act  of  April  12, 
1926;  44  Stat.  241.] 

[Emphasis  supplied.] 


48 


PUBLIC   LAW  69-314 

Public  lands  authorized  to  be  conveyed  for  the  establishment  of  an 
aviation  field  near  Yuma,  Ariz.,  shall  be  on  condition  that  the 
Defense  Department  may  assume  absolute  control  of  the  field  "in 
case  of  emergency?  [Act  of  May  29, 1926;  44  Stat  677.] 


71st  Congress 


PUBLIC  LAW  71—222 

"In  case  of  national  emergency  declared  by  the  President?  the 
Secretary  of  the  Navy  may  revoke  the  lease  of  the  floating  dry  dock 
and  waterfront  accessories  at  the  New  Orleans  Naval  Station.  [Act 
of  May  14, 1930;  46  Stat.  332  §  10.] 


PUBLIC  LAW  71-280 

The  lease  of  the  United  States  naval  destroyer  and  submarine  base 
at  Squantum,  Mass.,  shall  be  revocable  "in  case  of  national  emer- 
gency declared  by  the  President:'  [Act  of  May  29,  1930;  46  Stat. 
479.] 


72d  Congress 


PUBLIC  LAW  72-382 

Deed  conveying  certain  properties  to  Arlington  County,  Va.,  in 
■order  to  connect  Lee  Boulevard  with  Arlington  Memorial  Bridge 
shall  contain  condition  that  the  United  States  may  resume  possession 
whenever  "in  the  judgment  of  the  President  an  emergency  exists" 
that  requires  its  use.  [Act  of  February  28,  1933 ;  47  Stat.  1368  §  4.] 


74th  Congress 


PUBLIC   LAW  74-598 

"In  time  of  national  emergency"  the  property  authorized  to  be 
■conveyed  to  the  city  of  Little  Eock,  Ark.,  shall,  upon  request  of  the 
Secretary  of  Defense,  be  turned  over  to  the  United  States.  TAct  of 
May  15, 1936 ;  49  Stat.  1278.] 


.[Emphasis  supplied.] 


49 


PUBLIC   LAW  74-024 

Real  property:  recapture  of  certain  area  formerly  part  of 
Charleston  Army  Base  Terminal,  South  Carolina. 

In  time  of  national  emergency,  and  upon  order  of  the  President,  a 
certain  area,  formerly  part  of  Charleston  Army  Base  Terminal, 
South  Carolina,  may  be  taken  by  the  United  States  for  the  use  of 
the  Army  during  the  period  of  the  emergency.  [49  Stat.  1387.]  [See 
also,  P.L.  97,  81st  Cong.,  63  Stat.  169-170,  and  P.L.  428,  84th  Cone., 
70  Stat.  35-36.1  e 


PUBLIC  LAW   71-7  04 

Certain  land  at  Kahului  is  conveyed  to  the  Territory  [State]  of 
Hawaii  upon  condition  that  the  United  States  may  use  it  whenever 
in  the  judgment  of  the  President  an  emergency  exists  that  requires 
its  use.  [Act  of  June  19, 1936;  49  Stat.  1535.] 


PUBLIC   LAW  74-730 

Beal  property:  recapture  of  Port  Newark  Army  Base,  New 
Jersey. 

In  time  of  war,  or  of  national  emergency  declared  by  Congress, 
the  United  States  may  take  possession  of  the  Port  Newark  Army 
Base,  New  Jersey,  for  the  duration  of  the  war  or  emergency.  For 
each  year  or  part  of  a  year  that  the  United  States  is  in  possession, 
the  United  States  must  pay  the  city  of  Newark  a  certain  amount  as 
liquidated  damages.  Upon  termination  of  the  war  or  emergency,  the 
property  reverts  to  the  city  of  Newark.  [Act  of  June  20,  1936;  49 
Stat.  1557.] 


75th  Congkess 


PUBLIC  LAW  75-316 

Real  property :  recapture  of  Fort  Schuyler,  New  York. 

When  in  the  judgment  of  the  Secretary  of  the  Army  an  emer- 
gency exists  that  requires  the  use  of  the  property  for  the  public 
defense,  the  United  States  may  resume  possession  of  Fort  Schuyler 
Military  Reservation,  New  York,  notwithstanding  the  lease  to  the 
State  of  New  York.  [Act  of  Aug.  19, 1937;  50  Stat.  696.] 


PUBLIC   LAW   7  5-689 

Deed  of  conveyance  of  Hoboken  Pier  Terminals  to  the  city  of 
Hoboken  to  stipulate  that  "in  event  of  a  national  emergency,"  the 
property  may  be  taken  for  use  of  the  Department  of  Defense  during 
such  emergency.  [Act  of  June  21, 1938 ;  52  Stat.  834  §  3.] 

[Emphasis  supplied.] 


50 

79th  Congress 


PUBLIC  LAW  79-465 

Fort  Morgan  military  reservation  is  conveyed  to  the  State  of  Ala- 
bama on  condition  that  at  any  time  during  any  future  national 
emergency,  the  Department  of  Defense  may  reoccupy  the  property. 
[Act  of  June  28, 1946;  60  Stat.  332.] 


80th  Congress 


PUBLIC   LAW  80-885 

The  deed  conveying  certain  property  of  Santa  Rosa  Island  in 
Florida,  to  Okaloosa  County,  shall  stipulate  that  "in  the  event  of  a 
national  emergency"  the  United  States  shall  have  the  right  to  use 
the  property.  [Act  of  July  2,  1948  ;  62  Stat.  1230  §  1(e).] 


81st  Congress 


PUBLIC   LAW  81-393 

The  conveyance  of  part  of  Camp  Joseph  T.  Robinson  to  the  State 
of  Arkansas  shall  be  upon  condition  that  the  United  States  may  use 
the  property  "whenever  the  Congress  of  the  United  States  shall 
declare  a  state  of  war  or  other  national  emergency,  or  the  President 
declares  a  state  of  emergency  to  exist."  [Act  of  June  30,  1950;  64 
Stat.  311  §  3.] 


PUBLIC  LAW  81-755 

Real  property:  recapture  of  certain  land  formerly  part  of  Fort 
Schuyler,  New  York. 

In  time  of  war,  or  of  national  emergency  declared-  by  Congress  or 
tlie  President,  and  upon  a  determination  by  the  Secretary  of  a  mili- 
tary department  that  certain  land,  formerly  part  of  Fort  Schuyler, 
New  York,  is  useful  for  military,  air,  naval,  or  defense  purposes,  the 
United  States  may  assume,  without  payment,  control  and  use  the 
property  concerned,  including  any  improvements  made  by  the  grantee. 
[Act  of  "Sept.  5, 1950 ;  64  Stat.  591.] 


[Emphasis  supplied.] 


51 

82d  Conqress 


PUBLIC   LAW   82-22  2 

Real  property ;  recapture  of  Castle  Island  Terminal  Facility, 
South  Boston,  Massachusetts. 

The  Secretary  of  the  Navy  is  authorized  to  convey  certain  lands 
comprising  Castle  Island  Terminal  Facility  at  South  Boston  to  the 
State  of  Massachusetts  on  condition  that  "in  time  of  war  or  national 
emergency"  the  United  States  shall  have  the  right  of  the  free  and 
unlimited  use  of  all  of  said  property  ;  but  the  United  States  shall  be 
responsible  for  the  entire  cost  of  maintaining  it  during  the  period  of 
such  use.  [Act  of  October  27,  1951 ;  65  Stat.  658,  as  amended  by  Act 
of  August  28, 1957 ;  71  Stat.  473.] 


PUBLIC   LAW    8  2-37  7 

Certain  real  property  at  the  former  Naval  Air  Station,  Kahului, 
Wailuku,  Maui,  is  authorized  to  be  conveyed  to  the  Territory 
[State]  of  Hawaii  on  condition  that  uin  time  of  war  or  national 
emergency''''  the  United  States  shall  have  the  right  of  free  and 
unlimited  use  of  the  property.  [Act  of  June  5,  1952;  66  Stat.  128 
§  2.]  See  also,  PX.  87-654,  76  Stat.  530.] 


PUBLIC  LAW  82-559 

Real  property :  recapture  of  certain  land  in  Austin,  Texas. 

In  time  of  war,  or  national  emergency,  declared  by  Congress,  or  of 
emergency  declared  by  the  President,  and  upon  a  determination  by 
the  Secretary  of  Defense  that  certain  land  in  Austin,  Texas,  is 
useful  or  necessary  for  defense  purposes,  the  United  States  may, 
without  payment,  enter  the  property  concerned  and  use  it  or  any 
part  thereof,  including  any  improvements  made  by  the  grantee,  for 
the  duration  of  the  war  or  emergency.  Six  months  after  the  termina- 
tion of  the  war  or  emergency,  the  property  concerned,  including  any 
improvements  made  by  the  grantee,  reverts  to  the  grantee.  [Act  of 
July  16,  1952 ;  66  Stat.  727.] 


83d  Congress 


PUBLIC   LAW  83-39 

The  President  is  authorized  to  continue  in  effect,  until  released, 
the  appointments  of  officers  and  warrant  officers  of  the  Army  and 
the  Air  Force  who  are  in  a  status  of  missing  under  the  Missing  Per- 


[Emphasis  supplied.] 


52 


sons  Act  from  June  25,  1950  and  before  the  termination  of  the 
national  emergency  proclaimed  by  the  President  on  December  16, 
1950,  whose  appointments  would  normally  terminate  prior  to  such 
release.  [Act  of  May  27, 1953 ;  67  Stat.  38.] 


PUBLIC  LAW  83-56 

The  conveyance  of  certain  Veterans'  Administration  property  in 
Johnson  City,  Tenn.,  shall  contain  a  provision  that  "whenever  the 
Congress  of  the  United  States  shall  declare  a  state  of  war  or  other 
national  emergency,  or  the  President  declares  a  state  of  emergency 
to  exist,"  and  the  property  is  deemed  to  be  useful  in  the  interest  of 
national  defense,  the  United  States  may  reenter  and  use  the  prop- 
erty until  six  months  after  the  termination  of  such  war  or  emer- 
gency. [Act  of  June  6, 1953 ;  67  Stat.  54.] 


PUBLIC  LAW  83-92 

Sections  1301-1304  of  the  Second  War  Powers  Act,  providing  for 
the  inspection  and  audit  of  books  and  records  of  defense  contractors, 
are  continued  in  force  and  effect  "until  six  months  after  the  termi- 
nation of  the  national  emergency  proclaimed  by  the  President  on 
December  16,  1950,"  or  until  such  earlier  date  as  the  Congress  by 
concurrent  resolution,  or  the  President,  shall  designate.  [Act  of  June 
30,  1953;  67  Stat.  120.] 


PUBLIC  LAW  83-169 

The  authority  of  the  President  under  section  6  of  the  Interstate 
Commerce  Act,  to  demand  that  preference  and  precedence  be  given  to 
military  traffic  in  time  of  war  or  threatened  war  is  continued  "in  full 
force  and  effect  until  six  months  after  the  termination  of  the  national 
emergency  proclaimed  by  the  President  on  December  16,  1950,"  or 
until  such  earlier  date  as  the  Congress,  by  concurrent  resolution,  shall 
designate.  [Act  of  July  31,  1953;  67  Stat.  244.] 


PUBLIC   LAW  83-315 

The  conveyance  of  certain  land  located  in  Windsor  Locks,  Conn., 
to  the  State  shall  be  on  condition  that  "whenever  the  Congress  of 
the  United  States  declares  a  state  of  war  or  other  national  emer- 
gency, or  the  President  declares  a  state  of  emergency,"  and  the  Sec- 
retary of  Defense  deems  it  necessary  for  the  national  defense,  the 
United  States  may  use  the  property  and  upon  termination  of  such 
state  of  war  or  emergency  plus  6  months,  the  property  shall  revert 
to  the  State.  [Act  of  March  26, 1954;  68  Stat.  32  §  4.] 


[Emphasis  supplied.] 


53 


PUBLIC  LAW    83-32  7 

The  conveyance  of  a  certain  portion  of  Camp  Butner  Military 
Reservation  to  the  State  of  North  Carolina,  shall  be  on  condition 
that  "whenever  the  Congress  of  the  United  States  declares  «  state  of 
war  or  other  national  emergency,  or  the  President  declares  a  state  of 
emergency  to  exist"  and  the  Secretary  of  Defense  deems  it  necessary 
for  the  national  defense,  the  United  States  may  use  the  property 
during  such  war  emergency  plus  6  months,  after  which  it  shall 
revert  to  the  State.  [Act  of  April  2, 1954;  68  Stat.  51.] 


PUBLIC  LAW  83-386 

"In  time  of  war  or  national  emergency  heretofore  or  hereafter 
declared  by  the  President  or  the  Congress,"  the  United  States  may 
use  all  or  any  part  of  the  land  in  Marion  County  authorized  hereun- 
der to  be  conveyed  to  the  State  of  Indiana.  [Act  of  June  4,  1954 ;  68 
Stat.  172  §2(1);  173  §2(3).] 


PUBLIC  LAW  83-493 

"In  the  event  of  the  existence  of  any  national  emergency  declared 
by  proclamation  of  the  President  or  by  action  of  the  Congress,"  the 
United  States  may  use  the  land  situated  within  Camp  Blanding  Mil- 
itary Reservation,  authorized  hereunder  to  be  conveyed  to  the 
Armory  Board  of  the  State  of  Florida.  [Act  of  July  14,  1954;  68 
Stat.  475,  §2(1),  476  §2(3).] 


PUBLIC  LAW  83-534 

Any  lease  authorized  to  be  entered  into  between  the  Secretary  of 
the  Army  and  the  Commonwealth  of  Massachusetts  for  certain 
properties  within  the  Boston  Army  Base,  shall  provide  "that  during 
any  national  emergency  declared  by  the  President,  or  in  the  event  the 
Congress  shall  declare  a  state  of  war  to  exist,"  the  United  States 
shall  have  the  right  to  use  the  property;  and  Massachusetts  may 
thereupon  terminate  the  lease  or  have  it  extended  for  the  period  of 
such  use.  [Act  of  July  27,  1954;  68  Stat.  538  §  103(c).] 


PUBLIC   LAW  83-550 

The  authority  to  release  to  the  city  of  Philadelphia  the  Hog 
Island  tract  of  land  for  further  development,  is  upon  condition  that 
the  United  States  shall  have  the  right  to  reenter  and  use  the  prem- 
ises "whenever  the  Congress  of  the  United  States  shall  declare  a 
state  of  war  or  other  national  emergency."  [Act  of  July  29,  1954;  68 
Stat.  586  §  2.] 


[Emphasis  supplied.] 


54 


PUBLIC  LAW  83-711 

"Whenever  the  Congress  of  the  United  States  declares  a  state  of 
war  or  other  national  emergency,  or  the  President  declares  a  state 
of  emergency"  the  United  States  may  use  the  property  within  the 
Fort  Bliss  Military  Reservation  authorized  under  this  act  to  be  con- 
veyed to  the  State  of  Texas,  when  it  is  deemed  that  the  property  is 
needed  in  the  interest  of  national  defense.  [Act  of  August  30,  1954; 
68  Stat.  975  §  5.]  [See  also  P.L.  91-202;  84  Stat.  20.] 


PUBLIC   LAW  83-712 

The  United  States  may  use  the  land  located  in  proximity  to  San 
Antonio  authorized  to  be  conveyed  to  the  State  of  Texas,  "whenever 
the  Congress  of  the  United  States  declares  a  state  of  war  or  other 
national  emergency,  or  the  President  declares  a  state  of  emergency" 
if  the  property  is  deemed  to  be  necessary  in  the  interest  of  national 
defense.  [Act  of  August  30,  1954;  68  Stat.  977  §  5.] 


PUBLIC   LAW  83-713 

The  deed  of  conveyance  of  certain  land  in  the  city  of  Houston  to 
the  State  of  Texas,  shall  provide  that  "during  any  state  of  war  or 
national  emergency  and  for  six  months  thereafter"  the  United 
States  may  use  the  land  and  upon  termination  of  such  use  shall 
revert  to  the  State.  [Act  of  August  30, 1954  ;  68  Stat.  977  §  2.] 


PUBLIC   LAW  83-716 

The  conveyance  transferring  certain  property  of  the  United  States 
in  Klamath  County,  Oreg.,  to  the  State  shall  provide  that  "whenever 
the  Congress  of  the  United  States  shall  declare  a  state  of  war  or 
other  national  emergency,  or  the  President  declares  a  state  of  emer- 
gency to  exist,"  the  United  States  may  use  the  property  for  the 
duration  of  such  war  or  emergency  plus  6  months.  [Act  of  Aueust 


84th  Congress 


PUBLIC   LAW    84-4  0 


The _ conveyance  transferring  certain  property  located  in  Austin 
(Travis  County  )  to  the  State  of  Texas  shall  provide  that  "whenever 
the  Congress  of  the  United  States  shall  declare  a  state  of  war  or 
other  natwnal  emergency,  or  the  President  declares  a  state  of  emer- 
gency,  the  United  States  may  use  the  property  for  the  duration  of 

If.  nfl  2rn  emeT&>ncy  Pl«s  6  months.  [Act  of  June  1,  1955;  69 
otat.  70  §  5.J 


[Emphasis  supplied.] 


55 


PUBLIC  LAW  84-50 

The  State  of  Iowa  shall  agree  that  the  United  States  may 
use  the  land  located  in  Polk  County,  described  as  Camp  Dodge 
and  Polk  County  Target  Range,  authorized  to  be  conveyed  to  the 
State,  "in  the  event  that  the  Congress  of  the  United  States  declares 
a  state  of  war  or  other  national  emergency,  or  the  President  declares 
a  state  of  national  emergency ."  [Act  of  June  1,  1955;  69  Stat.  71 
§  5.] 


PUBLIC  LAW  84-52 

The  property  comprising  Jackson  Barracks  is  conveyed  to  the 
State  of  Louisiana  upon  condition  that  it  may  be  reentered  and  used 
by  the  United  States  "during  a  national  emergency."  TAct  of  June  1, 
1955;  69  Stat.  79.] 


PUBLIC   LAW  84-77 

The  conveyance  of  property  in  the  Wyoming  National  Guard 
Camp  Guernsey  area,  shall  be  upon  condition  that  the  United  States 
may  reenter  and  use  the  property,  "whenever  the  Congress  of  the 
United  States  shall  declare  a  state  of  war  or  other  national  emer- 
gency, or  the  President  declares  a  state  of  emergency  to  exist."  [Act 
of  June  16, 1955 ;  69  Stat.  139  §  1.] 


PUBLIC  LAW  84-142 

The  deed  conveying  a  portion  of  Fort  Devens  Military  Reserva- 
tion to  the  Commonwealth  of  Massachusetts  shall  provide  that 
"w/ienever  the  Congress  of  the  United  States  shall  declare  a  state  of 
war  or  other  national  emergency,  or  the  President  declares  a  state  of 
emergency  to  exist,"  the  United  States  may  use  the  property  for  the 
duration  of  such  war  or  emergency  plus  6  months.  [Act  of  July  11, 
1955;  69  Stat.  294.] 


PUBLIC   LAW  84-156 

Members  of  the  Reserve  components  of  the  Army,  Navy,  Air 
Force,  and  Marine  Corps  who  are  ordered  to  extended  active  duty  in 
excess  of  30  days  "in  time  of  war  or  national  emergency,"  may  elect 
to  receive  either  compensation  and  allowances  for  such  duty  or  the 
pension,  retirement  pay,  etc.,  to  which  they  are  entitled  by  reason  of 
prior  military  service.  [Act  of  July  12, 1955 ;  69  Stat.  300-301.] 


PUBLIC   LAW  84-301 

The  deed  conveying  a  portion  of  the  former  O'Reilly  General 
Hospital  at  Springfield,  to  the  State  of  Missouri,  shall  provide  that 
"during  any  period  of  national  emergency,"  the  United  States  shall 


[Emphasis  supplied.] 


56 


have  the  right  of  exclusive  use  without  charge  therefor.  [Act  of 
August  9, 1955;  69  Stat.  592.] 


PUBLIC  LAW  84-410 

"Whenever  the  Congress  of  the  United  States  declares  a  state  of 
war  or  other  national  emergency,  or  the  President  declares  a  state  of 
emergency"  the  tract  of  land  situated  in  the  vicinity  of  Houston 
(Harris  County),  Tex.,  and  authorized  to  be  conveyed  to  the  State, 
may  be  used  by  the  United  States  for  the  duration  of  such  war  or 
emergency,  plus  6  months.  [Act  of  February  15,  195fi:  70  Stat.  18 
§5.] 


PUBLIC   LAW   S  4-4 13 

Conveyance  of  Port  Newark  Army  base  to  the  city  of  Newark, 
New  Jersey,  is  made  upon  condition  that  the  United  States  may 
reenter  and  use  the  property  "whenever  the  Congress  of  the  United 
States  declares  a  state  of  war  or  other  national  emergency  to  exist." 
[Act  of  February  18,  1956;  70  Stat.  21.] 


PUBLIC  LAW  84-521 

Real  property:  recapture  of  land  comprising  Camp  Livingston 
and  Camp  Beauregard,  Louisiana. 

When  needed  during  a  national  emergency,  the  United  States  may 
reenter  and  use  the  land  comprising  Camp  Livingston  and  Camp 
Beauregard,  Louisiana.  [Act  of  May  14,  1956;  70  Stat.  156.] 


PUBLIC  LAW  84-598 

The  conveyance  of  certain  property  in  Santa  Fe,  to  the  State  of 
New  Mexico,  is  conditioned  upon  the  reentry  and  use  by  the  United 
States  in  the  event  of  need  therefor  "during  a  national  emergency 
declared  by  the  President  or  the  Congress."  [Act  of  June  19,  1956; 
70  Stat.  296.] 


PUBLIC   LAW  84-618 

The  deed,  conveying  certain  lands  in  Anastasia  Island  to  the  State 
of  Florida,  shall  contain  a  covenant  that  "in  the  event  of  a  national 
emergency"  the  property  shall  be  available  for  use  by  the  Federal 
Government.  [Act  of  June  25, 1956;  70  Stat.  335  §  3.] 


PUBLIC   LAW  84-618 

The  deed,  conveying  a  portion  of  the  former  prisoner  of  war 
camp,  near  Douglas,  Wyo.,  to  the  State,  shall  expressly  reserve  to 

[Emphasis  supplied.] 


57 


the  United  States  the  right  of  exclusive  use  "during  any  period  of 
national  emergency."  [Act  of  June  25, 1956 ;  70  Stat.  337  §  1.] 


PUBLIC  LAW  S4-700 

The  conveyance  of  certain  land  comprising  part  of  the  Ethan 
Allen  Air  Force  Base  to  the  State  of  Vermont  is  made  subject  to  the 
right  of  reentry  and  use  by  the  United  States  in  the  event  of  need 
therefor  "during  a  national  emergency  declared  by  the  President  or 
the  Congress."  [Act  of  July  14, 1956;  70  Stat.  537  §  2.] 


r-UBLIC   LAW  84-719 

Certain  land  situated  in  the  vicinity  of  Williamsburg  authorized 
to  be  conveyed  to  the  State  of  Virginia  shall  be  upon  condition  that 
"whenever  the  Congress  of  the  United  States  declares  a  state  of  war 
or  other  national  emergency,  or  the  President  declares  a  state  of 
emergency?  the  United  States  may  use  the  land  for  the  duration  of 
such  war  or  emergency  plus  6  months.  [Act  of  July  14,  1956:  70 
Stat.  551  §  5.] 


PUBLIC   LAW  84-720 

Lands  of  the  La  Crosse  National  Guard  Target  Range  located 
near  La  Crosse,  Wis.,  may  be  conveyed  to  the  State  on  condition 
that  the  United  States  may  reenter  and  use  the  land  in  the  event  of 
need  therefor  "during  a  national  emergency  declared  by  the  Con- 
gress or  the  President  of  the  United  States."  [Act  of  July  18,  1956; 
70  Stat.  577  §  1.]  [Note— Under  an  act  approved  May  29,  1958 
(Public  Law  85-431)  Congress  authorized  the  release  of  the  reser- 
vation contained  in  the  1956  Act  upon  payment  by  the  State,  and 
conveyance  to  it,  of  the  land  in  question.  However,  on  June  29,  1960, 
Congress  repealed  the  1958  Act  by  Public  Law  86^551.] 


PUBLIC   LAW  84-740 

The  interests  of  the  United  States  in  certain  land  conditionally 
granted  to  it  by  the  city  of  Montgomery,  W.  Va.,  are  released  to 
the  city  provided  that  "whenever  the  Congress  of  the  United  States 
declares  a  state  of  war  or  other  national  emergency,  or  the  President 
declares  a  state  of  emergency"  the  United  States  may  use  the  land 
for  the  duration  of  the  war  plus  6  months.  [Act  of  July  20,  1956 ;  70 
Stat.  590.]  [Note. — In  1956  Congress  revised  and  enacted  into  posi- 
tive law,  titles  10  and  32  of  the  United  States  Code.  Title  10  which 
formerly  covered  the  Army  now  includes  the  Army;  Navy,  Marine 
Corps,  and  Air  Force.  The  pertinent  emergency  provisions  contained 
in  this  revision  are  listed  here  by  code  citation,  instead  of  by  the  act 
of  1956  (i.e.  August  10,  1956,  Public  Law  1028,  84th  Cong.;  70A 
Stat.).] 

[Emphasis  supplied.] 


58 


PUBLIC  LAW  84-819 

Certain  lands  situated  about  6  miles  south  of  the  city  of  San 
Antonio,  in  Bexar  County,  Tex.,  may  be  conveyed  to  the  State  on 
condition  that  " whenever  the  Congress  of  the  United  States  declares 
a  state  of  war  or  other  national  emergency  or  the  President  declares 
a  state  of  emergency"  the  United  States  may  use  the  property  for 
the  duration  of  such  war  or  emergency  plus  6  months.  [Act  of 
July  27,  1956;  70  Stat.  698,  §  5.] 


PUBLIC  LAW  84-872 

The  deed  conveying  certain  land  in  Clackamas  County,  Oreg.,  to 
the  State  shall  provide  that  "whenever  the  Congress  of  the  United 
States  shall  declare  a  state  of  war  or  other  national  emergency,  or 
the  President  declares  a  state  of  emergency  to  exist?  the  United 
States  may  use  the  property  for  the  duration  of  such  war  or  emer- 
gency plus  6  months.  [Act  of  August  1, 1956;  70  Stat.  793,  §  2.] 


85th  Congress 


PUBLIC   LAW  85-46 

A  teacher  in  public  schools  of  the  District  of  Columbia  who 
"during  the  period  of  any  war,  or  of  any  national  emergency  as  ■pro- 
claimed hy  the  President  or  declared  by  the  Congress"  leaves  his 
position  to  enter  the  military  service,  shall  not  be  considered  as  sepa- 
rated from  his  teaching  position  for  purposes  of  retirement.  [Act  of 
June  4, 1957;  71  Stat.  47  §  8.] 


PUBLIC  LAW  85-157 

A  member  of  the  District  of  Columbia  Metropolitan  Police  force, 
the  Fire  Department,  the  United  States  Park  Police  force,  and  the 
White  House  Police  force  who,  "during  any  war  or  national  emer- 
gency as  proclaimed  by  the  President  or  declared  by  the  Congress" 
leaves  his  position  to  enter  the  military  service,  shall  not  be  consid- 
ered as  separated  from  his  position  for  purposes  of  retirement.  [Act 
of  August  21,  1957;  71  Stat.  393  §  4).] 


PUBLIC  LAW  85-185 


The  deed  conveying  lands  comprising  the  Fort  Preble  Military 
Reservation  at  South  Portland,  to  the  State  of  Maine,  shall  provide 
that  "during  any  state  of  war  or  national  emergency  and  for  six 
months  thereafter,"  the  United  States  may  reenter  and  use  the  land 
if  deemed  necessary  for  national  defense  purposes.  TAct  of  Au- 
gust 28, 1957 ;  71  Stat.  467,  §  2  (b) .] 


[Emphasis  supplied.] 


59 


PUBLIC   LAW    S  5-2  04 

The  conveyance  of  the  real  property  comprising  Esler  Field  to  the 
State  of  Louisiana,  shall  be  upon  condition  that  "whenever  the  Con- 
gress of  the  United  States  declares  a  state  of  war  or  other  national 
emergency,  or  the  President  declares  a  state  of  emergency"  the 
United  States  may  use  the  property  for  the  duration  of  such  war  or 
emergency  plus  six  months.  [Act  of  August  28,  1957 ;  71  Stat.  479.] 


PUBLIC   LAW   S  5-2  05 

The  conveyance  of  Camp  Livingston  and  Camp  Beauregard  to 
the  State  of  Louisiana  is  conditioned  upon  the  right  of  reentry  and 
use  by  the  United  States  in  the  event  of  need  therefor  "during  a 
national  emergency"  [Act  of  May  14,  1956 ;  70  Stat.  156  as  amended 
August  28, 1957;  71  Stat.  479  §  4.] 


PUBLIC   LAW  85-236 

The  conveyance  of  a  certain  portion  of  the  property  known  as 
Veterans  Center  Reservation,  Los  Angeles,  to  the  State  of  Califor- 
nia, shall  be  upon  condition  that  "whenever  the  Congress  of  the 
United  States  declares  a  state  of  war  or  other  national  emergency, 
or  the  President  declares  a  state  of  emergency,"  the  United  States 
shall  have  the  right  to  use  the  property  for  the  duration  of  such  war 
or  emergency  plus  6  months.  [Act  of  August  30,  1957 ;  71  Stat.  517.] 


PUBLIC   LAW  85-258 

The  conveyance  of  certain  property  of  the  former  United  States 
Marine  Corps  Air  Station  at  Eagle  Mountain  Lake,  to  the  State  of 
Texas,  shall  be  on  condition  that  "whenever  the  Congress  of  the 
United  States  declares  a  state  of  war  or  other  national  emergency, 
or  the  President  declares  a  state  of  emergency,"  the  United  States 
may  use  the  property  for  the  duration  of  the  war  or  emergency  plus 
6  months.  [Act  of  September  2, 1957;  71  Stat.  583.] 


PUBLIC  LAW  85-260 

The  conveyance  of  a  portion  of  the  military  reservation  at  Fort 
Schuyler  to  the  State  of  New  York  shall  be  on  condition  that 
"during  any  emergency  declared  by  the  President  or  the  Congress  of 
the  United  States  in  existence  at  the  time  of  enactment  of  this  Act, 
or  whenever  the  President  or  the  Congress  of  the  United  States 
declares  a  state  of  war  or  other  national  emergency,"  the  United 
States  shall  have  the  right  to  the  full  unrestricted  use  of  the  prop- 
erty. [Act  of  September  2, 1957;  71  Stat.  585,  §  3.] 


[Emphasis  supplied.] 


60 


PUBLIC   LAW  85-545 

The  conveyance  of  property  in  York  County,  Va.,  to  the  Board  of 
Supervisors  of  York  County  is  conditioned  upon  the  provision  that 
"whenever  the  Congress  of  the  United  States  declares  a  state  of  war 
or  other  national  emergency,  or  the  President  declares  a  state  of 
emergency,"  and  the  property  is  needed,  the  United  States  may  re- 
enter and  use  the  property  for  the  duration  of  such  war  or  emer- 
gency. [Act  of  July  22,  1958;  72  Stat.  401,  §  6.] 


PUBLIC   LAW  85-548 

The  conveyance  of  certain  land  in  Boston  Neck,  Narragansett, 
Rhode  Island,  is  conditioned  upon  the  right  of  reentry  and  use  by 
the  United  States  "whenever  the  Congress  of  the  United  States 
declares  a  state  of  war  or  other  national  emergency,  or  the  President 
declares  a  state  of  emergency?  and  the  property  is  necessary  for 
national  defense.  [Act  of  July  22, 1958 ;  72  Stat.  404,  §  4.] 


PUBLIC   LAW  85—799 

The  conveyance  of  certain  land  of  the  United  States  to  the  State 
Board  of  Education  of  the  State  of  Florida  shall  be  upon  condition 
that  "during  any  state  of  war  or  national  emergency  and  for  six 
months  thereafter,"  the  United  States  may  reenter  and  use  all  or 
any  part  of  the  land  if  needed  for  national  defense  purposes.  [Act 
of  August  28, 1958;  72  Stat.  965,  §  1(b)  .J 


86th  Congress 


PUBLIC  LAW  86-323 

The  Secretary  of  the  Army,  in  conveying  certain  property  in  Hot 
Springs  National  Park  to  the  State  of  Arkansas,  is  required  to 
include  a  provision  to  insure  the  right  of  reentry  and  use  of  the 
property  "whenever  the  Congress  of  the  United  States  declares  a 
state  of  war  or  other  national  emergency '}  or  the  President  declares  a 
state  of  emergency,"  and  the  property  is  needed  in  the  interest  of 
national  defense.  [Act  of  September  21,  1959 ;  73  Stat.  595  §  4.] 


PUBLIC   LAW  86-473 

The  sale  of  certain  vessels  to  the  Republic  of  China  for  use  in 
Chinese  trade  in  Far  East  and  Near  East  waters  exclusively,  is  made 
subject  to  the  condition  that  they  be  returned  to  the  ownership  of 
the  United  States  "during  any  national  emergency  declared  by  the 
President  of  the  United  States  or  during  any  war  in  which  the 
United  States  is  participating,"  for  a  certain  price.  TAct  of  Mav  14 
1960;  74  Stat.  143.]  '  ' 

[Emphasis  supplied.] 


61 


PUBLIC   LAW  86-602 

The  conveyance  of  certain  property  of  the  Boston  Naval  Shipyard 
to  the  Massachusetts  Port  Authority  is  made  upon  condition  that  "m 
time  of  war  or  national  emergency"  the  United  States  shall  have  the 
right  of  free  and  unlimited  use  of  the  property.  [Act  of  July  7, 
1960;  74  Stat.  356  §2.] 


PUBLIC   LAW  86-611 

The  instrument  conveying  to  the  State  of  Illinois  certain  lands  in 
Will  County  (the  Des  Plaines  Public  Hunting  and  Refuge  Area  and 
the  Joliet  Arsenal  Military  Reservation)  shall  expressly  require  that 
"whenever  the  Congress  of  the  United  States  declares  a  state  of  war 
or  other  national  emergency,  or  the  President  declares  a  state  of 
emergency,"  the  United  States  shall  have  the  right  to  reenter  and  use 
the  property  for  the  duration  of  such  period  plus  six  months.  [Act 
of  July  12, 1960;  74  Stat.  370  §  2(b).] 


87th  Congress 


PUBLIC   LAW  87-328 

The  Delaware  River  Basin  Compact  contains  a  stipulation  that 
nothing  contained  therein  shall  be  deemed  to  restrict  the  executive 
powers  of  the  President  "in  the  event  of  a  national  emergency." 
[Act  of  September  27, 1961;  75  Stat.  714.] 


PUBLIC  LAW  87-733 

Expressing  the  determination  of  the  United  States  with  respect  to 
the  situation  in  Cuba  including  the  use  of  arms.  [Act  of  Oct.  3, 
1962;  76  Stat.  697.] 


PUBLIC   LAW  87-794 

No  action  shall  be  taken  pursuant  to  this  Act  or  the  Tariif  Act  of 
1930  to  decrease  or  eliminate  the  duty  or  other  import  restriction  on 
any  article  "if  the  President  determines  that  such  reduction  or  elimi- 
nation would  threaten  to  impair  the  national  security."  [Act  of  Oct.  11, 
1962;  76  Stat.  877.] 


88th  Congress 


PUBLIC  LAW  88-228 

Real  property:  recapture  of  certain  land  formerly  part  of  the 
Fort  Miles  Military  Reservation,  Delaware, 
[Emphasis  supplied.] 


24-509  O  -  73  -  6 


62 


In  time  of  national  emergency  declared  by  the  President  or  Con- 
gress, the  Secretary  of  Defense  may,  without  cost  to  the  United 
States,  enter  upon  and  use  certain  lands  conveyed  to  the  State  of  Del- 
aware that  were  formerly  part  of  the  Fort  Miles  Military  Reserva- 
tion if  he  considers  such  lands  necessary  for  national  defense  pur- 
poses. [Pub.  L.  88-228,  §  3;  77  Stat.  470.] 


89th  Congress 


PUBLIC   LAW  88-188 

Provides  that  all  lands  comprising  the  Boiling- Anacostia  complex 
should  be  retained  for  military  purposes.  [Pub.  L.  89-188,  79  Stat. 
793.]  [See  also  Pub.  L.  89-568,  80  Stat.  739.] 


PUBLIC   LAW  89-257 

Authorizes  certain  members  of  the  Armed  Forces  to  accept  and 
wear  decorations  of  certain  foreign  nations  "during  any  period  in 
which  members  of  the  Armed  Forces  of  the  United  States  are  serving 
with  friendly  foreign  forces  engaged  in  an-  armed  conf-iet  in  Viet- 
nam .  .  or  during  any  period  of  hostilities  in  Vietnam  in  which  the 
United  States  may  be  engaged:'  [P.L.  89-257,  79  Stat.  982.] 


91st  Congress 


PUBLIC   LAW  91-142 

Real  property:  recapture  of  National  Guard  Facility,  Pier  91, 
Seattle,  Washington. 

In  time  of  war  on  national  emergency  declared  by  Congress  or  the 
President,  and  upon  a  determination  by  the  Secretary  of  Defense 
that  the  National  Guard  facility,  Pier  91,  Seattle,  Washington,  or 
any  part  thereof  is  useful  or  necessary  for  national  defense  pur- 
poses, the  United  States  may  enter  and  use  the  property  or  any  part 
thereof,  including  any  improvements  made  by  the  grantee,  for  the 
duration  of  the  war  or  emergency  and  six  months  thereafter.  Upon 
termination  of  such  use,  the  property  reverts  to  the  State  of  Wash- 
ington. [P.L.  91-142,  §  805 ;  83  Stat.  319.] 


92d  Congress 


PUBLIC  LAW  92-145 

Real  property:  recapture  of  certain  land  formerly  part  of  Fort 
Bliss,  Texas. 

[Emphasis  supplied.] 


63 


That  whenever  the  Congress  of  the  United  States  declares  a  state 
of  war  or  other  national  emergency,  or  the  President  declares  a  state 
of  emergency,  and  upon  the  determination  by  the  Secretary  of 
Defense  that  the  property  conveyed  under  this  Act  is  useful  or  nec- 
essary for  military,  air,  or  naval  purposes,  or  in  the  interest  of 
national  defense,  the  United  States  shall  have  the  right,  without 
obligation  to  make  payment  of  any  kind,  to  reenter  upon  the  prop- 
erty and  use  the  same  or  any  part  thereof,  including  any  and  all 
improvements  made  thereon  by  the  State  of  Texas,  for  the  duration 
of  such  state  of  war  or  of  such  emergency.  Upon  the  termination  of 
such  state  of  war  or  of  such  emergency  plus  six  months  such  prop- 
erty shall  revert  to  the  State  of  Texas,  together  with  all  appurte- 
nances and  utilities  belonging  or  appertaining  thereto.  [P.L.  92-145, 
§708;  85  Stat.  412.] 


[Emphasis  supplied.] 


TEXT  OF  STATUTES  DELEGATING  POWERS  IN 
TIME  OF  WAR  OR  NATIONAL  EMERGENCY 


UNITED  STATES  CODE 


Title  2 — The  Congress 


2  U.S.C.  198.  Adjournment 

(a)  Unless  otherwise  provided  by  the  Congress,  the  two  Houses 
shall — • 

(1)  adjourn  sine  die  not  later  than  July  31  of  each  year;  or 

(2)  in  the  case  of  an  odd-numbered  year,  provide,  not  later 
than  July  31  of  such  year,  by  concurrent  resolution  adopted  in 
each  House  by  roll-call  vote,  for  the  adjournment  of  the  two 
Houses  from  that  Friday  in  August  which  occurs  at  least  thirty 
days  before  the  first  Monday  in  September  (Labor  Day)  of  such 
year  to  the  second  day  after  Labor  Day. 

(b)  This  section  shall  not  be  applicable  in  any  year  if  on  July  31 
of  such  year  a  state  of  war  exists  pursuant  to  a  declaration  of  war 
by  the  Congress.  (Aug.  2,  1946,  ch.  753,  title  I,  §  132,  60  Stat.  831; 
Oct.  26,  1970,  Pub  L.  91-510,  title  IV,  §  461(b),  84  Stat.  1193.) 


Title  5 — Government  Organization  and  Employees 


5  U.S.C.  701.  Application;  definitions 

(a)  This  chapter  applies,  according  to  the  provisions  thereof, 
except  to  the  extent  that — 

( 1 )  statutes  preclude  judicial  review ;  or 

(2)  agency  action  is  committed  to  agency  discretion  by  law. 

(b)  For  the  purpose  of  this  chapter — 

(1)  "agency"  means  each  authority  of  the  Government  of  the 
United  States,  whether  or  not  it  is  within  or  subject  to  review 
by  another  agency,  but  does  not  include — 

(A)  the  Congress; 

( B )  the  courts  of  the  United  States ; 

[Emphasis  supplied.] 

(65) 


66 


(C)  the  governments  of  the  territories  or  possessions  of 
the  United  States; 

(D)  the  government  of  the  District  of  Columbia ; 

(E)  agencies  composed  of  representatives  of  the  parties 
or  of  representatives  of  organizations  of  the  parties  to  the 
disputes  determined  by  them ;  _ 

(F)  courts  martial  and  military  commissions; 

(G)  military  authority  exercised  in  the  field  in  time  of 
war  or  in  occupied  territory ;  or 

(H)  functions  conferred  by  sections  1738, 1739, 1743,  and 
1744  of  title  12;  chapter  2  of  title  41 ;  or  sections  1622,  1884, 
1891-1902,  and  former  section  1641(b)(2),  of  title  50, 
appendix;  and  . 

(2)  "person",  "rule",  "order",  "license",  "sanction",  "relief", 
and  "agency  action"  have  the  meanings  given  them  by  section 
551  of  this  title. 
(Pub.  L.  89-554,  Sept.  6, 1966,  80  Stat.  392.) 


5  U.S.C.  702.  Right  of  review 

A  person  suffering  legal  wrong  because  of  agency  action,  or  ad- 
versely affected  or  aggrieved  by  agency  action  within  the  meaning 
of  a  relevant  statute,  is  entitled  to  judicial  review  thereof.  (Pub.  L. 
89-554,  Sept.  6, 1966, 80  Stat.  392.) 

— N  O  T  E — 

Section  702  provides  judicial  review  under  Title  V  only 
for  wrongs  suffered  as  a  result  of  "agency"  actions.  Sec- 
tion 701,  however,  excludes  courts  martial,  military  commis- 
sions, etc.,  the  types  of  action  which  might  be  utilized  under 
declarations  of  martial  law  from  the  definition  of  "agency." 


5  U.S.C.  3101.  General  authority  to  employ 

Each  Executive  Agency,  military  department,  and  the  government 
of  the  District  of  Columbia  may  employ  sucli  number  of  employees 
of  the  various  classes  recognized  by  chapter  51  of  this  title  as  Con- 
gress may  appropriate  for  from  year  to  year.  (Pub.  L.  89-554, 
Sept.  6, 1966,  80  Stat  414.) 

Employment  of  Personnel  Dubino  National  Emergency  Proclaimed 
on  Dec.  16,  1950 

Section  1310  or  act  Nov.  1.  1951,  ch.  664.  Ch.  XIII,  65  Stat  757,  as  amended 
June  5,  1952,  ch.  369,  Ch.  XIII,  §  1302,  66  Stat.  122;  Sept  1,  1954,  ch.  1208, 
title  VI,  8  602,  68  Stat.  1115;  Oct.  11,  1962,  Pub.  L.  87-793,  §  717(b),  76  Stat. 
858;  Aug.  6,  1965,  Pub.  L.  89-114,  79  Stat.  448;  Oct.  11,  1967,  Pub.  L.  90-105, 
§  3,  81  Stat.  274.  provided  that : 

"Immediately  upon  the  enactment  of  this  Act  [Nov.  1,  1951]  and  until  termi- 
nation of  the  national  emergency  proclaimed  by  the  President  on  December  16 
1950: 

[Emphasis  supplied.] 


67 


"(a)  The  Civil  Service  Commission  and  the  heads  of  the  executive  depart- 
ments, agencies,  and  corporations  shall  make  full  use  of  their  authority  to 
require  that  initial  appointments  to  positions  in  and  outside  the  competitive 
service  shall  be  made  on  other  than  a  permanent  basis  in  order  to  limit  the 
number  of  permanent  employees  to  that  required  for  the  efficiency  of  the  Fed- 
eral civil  service:  Provided,  That  any  position  vacated  by  a  permanent 
employee  called  to  military  service  or  transferred  to  a  national  defense  agency 
shall  not  be  filled  except  on  a  temporary  or  indefinite  basis.  All  appointments, 
reinstatements,  transfers,  and  promotions  to  positions  subject  to  the  Classifica- 
tion Act  of  1949  [chapter  51  of  this  title]  shall  be  made  with  the  condition 
and  notice  to  each  individual  appointed,  reinstated,  transferred,  or  promoted 
that  the  classification  grade  of  the  position  is  subject  to  post-audit  and  correc- 
tion by  the  appropriate  departmental  or  agency  personnel  office  or  the  Civil 
Service  Commission. 

"(b)  The  Civil  Service  Commission  shall  facilitate  the  transfer  of  Federal 
employees  from  nondefense  to  defense  activities  and  encourage  the  retention  of 
employees  in  defense  activities,  and  shall  provide  reemployment  rights  for  per- 
manent employees  in  the  activities  from  which  such  employees  are  transferred. 

"(c)  The  Civil  Service  Commission  shall  make  full  use  of  its  authority  to 
prevent  excessively  rapid  promotions  in  the  competitive  civil  service  and  to 
require  correction  of  improper  allocations  to  higher  grades  of  positions  subject 
to  the  Classification  Act  of  1949,  as  amended  [now  section  5101  et  seq.  of  this 
title].  No  person  in  any  executive  department  or  agency  whose  position  is  sub- 
ject to  the  Classification  Act  of  1949,  as  amended  [now  section  5101  et  seq.  of 
this  title],  shall  be  promoted  or  transferred  to  a  higher  grade  subject  to  such 
Act  [now  section  5101  et  seq.  of  this  title]  without  having  served  at  least  one 
year  in  the  next  lower  grade :  Provided,  That  the  Civil  Service  Commission  for 
positions  in  the  competitive  service  and  the  head  of  the  employing  agency  for 
positions  outside  the  competitive  service  may  by  regulation  provide  for  promo- 
tions of  two  grades  in  one  year  (1)  to  positions  not  higher  than  GS-5;  (2)  to 
positions  not  higher  than  GS-11  which  are  in  a  line  of  work  properly  classi- 
fied under  the  Classification  Act  of  1949  [now  section  5101  et  seq.  of  his  title] 
at  two-grade  intervals;  (3)  to  positions  in  the  same  line  of  work  when  the 
employee  has  completed  a  training  period  under  a  training  program  approved 
by  the  Civil  Service  Commission  for  positions  in  the  competitive  service,  or 
approved  by  the  head  of  the  employing  agency  for  positions  outside  the  com- 
petitive service;  and  (4)  of  an  employee  of  the  agency  concerned  when  there 
is  no  position  in  the  normal  line  of  promotion  in  the  grade  immediately  below 
that  of  the  position  to  be  filled :  Provided  further,  That  this  subsection  shall 
not  apply  to  any  case  involving  an  employee  who  is  within  reach  for  appoint- 
ment to  a  higher  grade  position  on  a  competitive  civil  service  register,  or  is 
eligible  for  appointment,  in  accordance  with  a  regular  appointment  system  or 
procedure  established  prior  to  September  1,  1950,  to  a  higher  grade  position 
outside  the  competitive  Civil  Service,  of  being  advanced  up  to  a  grade  level 
from  which  he  had  been  demoted  or  separated  because  of  reduction  in  force  or 
being  advanced  to  a  grade  level  not  exceeding  that  for  which  he  had  pre- 
viously established  eligibility  as  required  by  the  terms  hereof:  Provided  fur- 
ther, That,  notwithstanding  the  provisions  hereof,  and  in  order  to  avoid  undue 
hardship  or  inequity,  the  Civil  Service  Commission,  when  requested  by  the 
head  of  the  agency  involved,  may  authorize  promotions  in  individual  cases  of 
meritorious  nature. 

"(d)  From  time  to  time,  but  at  least  annually,  each  executive  department 
and  agency  shall  (1)  review  all  positions  which  since  September  1,  1950,  have 
been  created  or  placed  in  a  higher  grade  or  level  of  difficulty  and  responsibil- 
ity of  work  or  in  a  higher  basic  pay  level,  (2)  abolish  all  such  positions  which 
are  found  to  be  unnecessary,  (3)  with  respect  to  such  positions  which  are 
found  to  be  necessary,  make  such  adjustments  as  may  be  appropriate  in  the 
classification  grades  of  those  positions  which  are  subject  to  the  Classification 
Act  of  1949,  as  amended  [now  section  5101  et  seq.  of  this  title],  or  in  the  basic 
pay  levels  of  those  positions  which  are  subject  to  other  pay-fixing  authority. 
Not  later  than  July  31  of  each  year  each  department  and  agency  shall  submit 
a  report  to  the  Post  Office  and  Civil  Service  Committees  and  Appropriations 
Committees  of  the  Senate  and  House  of  Representatives  concerning  the  action 
taken  under  this  paragraph,  together  with  information  comparing  the  total 
number  of  employees  on  the  payroll  on  June  30  and  their  average  grade  and 


68 


salary  with  similar  information  for  the  previous  June  30,  and  each  annual  and 
supplemental  budget  estimate  shall  include  a  statement  comparing  the  average 
grade  and  salary  provided  for  in  each  item  of  appropriation  or  fund  allowance 
therein  with  similar  figures  reported  for  the  two  previous  periods. 

"(e)  This  section  does  not  and  shall  not  be  construed  to  amend  or  modify 
the  Veterans'  Preference  Act  of  1944  (Public  Law  359,  Seventy-eighth  Con- 
gress), as  amended. 

"(f)  This  section  shall  not  apply  to  the  postal  field  service  of  the  Post  Office 
Department" 

— N  0  T  E — 

Excerpt  from  House  Rept.  1222,  82d  Cong.,  1st  Sess.  (1951) 

The  original  Whitten  Amendment  was  adopted  last  year 
to  (1)  prevent  further  expansion  in  the  number  of  perma- 
nent Federal  employees,  (2)  prevent  a  repetition  of  the  seri- 
ous job  inflation  in  the  Federal  service  which  developed 
during  the  last  war  as  a  result  of  expanded  grade  levels  and 
faulty  classification,  (3)  encourage  the  transfer  of  regular 
career  employees  to  defense  activities,  and  (4)  prevent  dis- 
crimination against  individuals  called  into  military  service 
or  transferring  to  defense  work  by  making  all  replacements 
temporary.  The  language  included  in  the  accompanying  bill 
continues  these  requirements  in  effect,  with  the  following 
perfecting  provisions:  (a)  transfers  at  the  same  or  a  lower 
grade  may  be  made  on  permanent  rather  than  temporary 
basis,  (b)  all  rights  which  go  with  permanent  status  must 
be  preserved  for  employees  changed  to  temporary  basis,  (c) 
promotions  may  be  made  only  after  service  of  at  least  one 
year  in  the  next  lower  grade,  (d)  re-employment  rights  in 
the  activities  from  which  people  are  transferred  to  military 
service  or  defense  work  must  be  protected,  and  (e)  annual 
reports  are  required  from  each  department  and  agency  out- 
lining actions  taken  to  abolish  unnecessary  positions  and 
reduce  grades  where  positions  are  not  properly  classified, 
and  comparing  the  number  of  employees  and  average 
grades  and  salaries  on  December  1  of  each  year. 


5  U.S.C.  3326.  Appointments  of  retired  members  of  the  armed 

FORCES  TO  POSITIONS  IN  THE  DEPARTMENT  OF  DEFENSE 

(a)  For  the  purpose  of  this  section,  "member"  and  "Secretary 
concerned"  hare,  the  meanings  given  them  by  section  101  of  title  37. 

(b)  A  retired  member  of  the  armed  forces  may  be  appointed  to  a 
position  in  the  civil  service  in  or  under  the  Department  of  Defense 
(including  a  non-appropriated  fund  instrumentality  under  the  juris- 
diction of  the  armed  forces)  during  the  period  of  180  days  immedi- 
ately after  his  retirement  only  if — 

(1)  the  proposed  appointment  is  authorized  bv  the  Secretary 
concerned  or  his  designee  for  the  purpose,  and,  if  the  position  is 
in  the  competitive  service,  after  approval  by  the  Civil  Service 
Commission ; 


69 


(2)  the  minimum  rate  of  basic  pay  for  the  position  has  been 
increased  under  section  5303  of  this  title;  or 

(3)  a  state  of  national  emergency  exists. 

(c)  A  request  by  appropriate  authority  for  the  authorization,  or 
the  authorization  and  approval,  as  the  case  may  be,  required  by 
subsection  (b)  (1)  of  this  section  shall  be  accompanied  by  a  state- 
ment which  shows  the  actions  taken  to  assure  that — 

(1)  full  consideration,  in  accordance  with  placement  and  pro- 
motion procedures  of  the  department  concerned,  was  given  to 
eligible  career  employees ; 

(2)  when  selection  is  by  other  than  certification  from  an 
established  civil  service  register,  the  vacancy  has  been  publicized 
to  give  interested  candidates  an  opportunity  to  apply ; 

(3)  qualification  requirements  for  the  position  have  not  been 
written  in  a  manner  designed  to  give  advantage  to  the  retired 
member;  and 

(4)  the  position  has  not  been  held  open  pending  the  retire- 
ment of  the  retired  member. 

(Pub.  L.  89-554,  Sept.  6,  1966,  80  Stat.  423.) 


5  U.S.C.  5305.  Annual  pat  reports  and  adjustments 

(a)  In  order  to  carry  out  the  policy  stated  in  section  5301  of  this 
title,  the  President  shall — 

(1)  direct  such  agent  as  he  considers  appropriate  to  prepare 
and  submit  to  him  annually,  after  considering  such  views  and 
recommendations  as  may  be  submitted  under  the  provisions  of 
subsection  (b)  of  this  section,  a  report  that — 

(A)  compares  the  rates  of  pay  of  the  statutory  pay  sys- 
tems with  the  rates  of  pay  for  the  same  levels  of  work  in 
private  enterprise  as  determined  on  the  basis  of  appropriate 
annual  surveys  that  shall  be  conducted  by  the  Bureau  of 
Labor  Statistics; 

(B)  makes  recommendation  for  appropriate  adjustments 
in  rates  of  pay ;  and 

(C)  includes  the  views  and  recommendations  submitted 
under  the  provisions  of  subsection  (b)  of  this  section ; 

(2)  after  considering  the  report  of  his  agent  and  the  findings 
and  recommendations  of  the  Advisory  Committee  on  Federal 
Pay  reported  to  him  under  section  5306(b)(3)  of  this  title, 
adjust  the  rates  of  pay  of  each  statutory  pay  system  in  accord- 
ance with  the  principles  under  section  5301(a)  of  this  title, 
effective  as  of  the  beginning  of  the  first  applicable  pay  period 
commencing  on  or  after  October  1  of  the  applicable  year ;  and 

(3)  transmit  to  Congress  a  report  of  the  pay  adjustment, 
together  with  a  copy  of  the  report  submitted  to  him  by  his 
agent  and  the  findings  and  recommendations  of  the  Advisory 
Committee  on  Federal  Pay  reported  to  him  under  section 
5306(b)  (3)  of  this  title. 


[Emphasis  supplied.] 


70 


(c)(1)  If,  because  of  national  emergency  or  economic  conditions 
affecting  the  general  welfare,  the  President  should,  in  any  year,  con- 
sider it  inappropriate  to  make  the  pay  adjustment  required  by 
subsection  (a)  of  this  section,  he  shall  prepare  and  transmit  to  Con- 
gress before  September  1  of  that  year  such  alternative  plan  with 
respect  to  a  pay  adjustment  as  he  considers  appropriate,  together 
with  the  reasons  therefore,  in  lieu  of  the  pay  adjustments  required 
by  subsection  (a)  of  this  seotion. 


5  U.S.C.  5335.  Periodic  step-increases 

(a)  An  employee  paid  on  an  annual  basis,  and  occupying  a  per- 
manent position  within  the  scope  of  the  General  Schedule,  who  has 
not  reached  the  maximum  rate  of  pay  for  the  grade  in  which  his 
position  is  placed,  shall  be  advanced  in  pay  successively  to  the  next 
higher  rate  within  the  grade  at  the  beginning  of  the  next  pay  period 
following  the  completion  of — 

( 1 )  each  52  calendar  weeks  of  service  in  pay  rates  1,  2,  and  3 ; 

(2)  each  104  calendar  weeks  of  service  in  pay  rates  4,  5,  and 
6;  or 

(3)  each  156  calendar  weeks  of  service  in  pay  rates  7,  8,  and 

9; 

subject  to  the  following  conditions : 

(A)  the  employee  did  not  receive  an  equivalent  increase 
in  pay  from  any  cause  during  that  period ;  and 

( B )  the  work  of  the  employee,  except  a  hearing  examiner 
appointed  under  section  3105  of  this  title,  is  of  an  accepta- 
ble level  of  competence  as  determined  by  the  head  of  the 
agency. 

(b)  Under  regulations  prescribed  by  the  Civil  Service  Commis- 
sion, the  benefit  of  successive  step-increases  shall  be  preserved  for 
employees  whose  continuous  service  is  interrupted  in  the  public 
interest  by  service  with  the  armed  forces  or  by  service  in  essential 
non-Government  civilian  employment  during  a  period  of  war  or 
national  emergency. 

(c)  When  a  determination  is  made  under  subsection  (a)  of  this 
section  that  the  work  of  an  employee  is  not  of  an  acceptable  level  of 
competence,  the  employee  is  entitled  to  prompt  written  notice  of  that 
determination  and  an  opportunity  for  reconsideration  of  the  deter- 
mination within  his  agency  under  uniform  procedures  prescribed  by 
the  Commission.  If  the  determination  is  affirmed  on  reconsideration, 
the  employee  is  entitled  to  appeal  to  the  Commission.  If  the  recon- 
sideration or  appeal  results  in  a  reversal  of  the  earlier  determina- 
tion, tlie  new  determination  supersedes  the  earlier  determination  and 
is  deemed  to  have  been  made,  as  of  the  date  of  the  earlier  determina- 
tion. The  authority  of  the  Commission  to  prescribe  procedures  and 
the  entitlement  of  the  employee  to  appeal  to  the  Commission  do  not 
apply  to  a  determination  of  acceptable  level  of  competence  made  by 
the  Librarian  of  Congress. 

[Emphasis  supplied.] 


71 


(d)  An  increase  in  pay  granted  by  statute  is  not  an  equivalent 
increase  in  pay  within  the  meaning  of  subsection  (a)  of  this  section. 

(e)  This  section  does  not  apply  to  the  pay  of  an  individual 
appointed  by  the  President,  by  and  with  the  advice  and  consent  of 
the  Senate.  (Pub.  L.  89-554,  Sept.  6,  1966,  80  Stat.  469;  Pub.  L. 
90-83,  §  1  (20),  Sept.  11, 1967,  81  Stat.  199.) 


5  U.S.C.  5532.  Employment  of  retired  officers  of  the  uniformed 
services,  reduction  in  retired  or  retitement  pay;  exceptions 

(a)  For  the  purpose  of  this  section,  "period  for  which  he  receives 
pay"  means  the  full  calendar  period  for  which  a  retired  officer  of  a 
regular  component  of  a  uniformed  service  receives  the  pay  of  a  posi- 
tion when  employed  on  a  full-time  basis,  but  only  the  days  for 
which  he  actually  receives  that  pay  when  employed  on  a  part-time 
or  intermittent  basis. 

(b)  A  retired  officer  of  a  regular  component  of  a  uniformed  serv- 
ice who  holds  a  position  is  entitled  to  receive  the  full  pay  of  the 
position,  but  during  the  period  for  which  he  receives  pay,  his  retired 
or  retirement  pay  shall  be  reduced  to  an  annual  rate  equal  to  the 
first  $2,000  of  the  retired  or  retirement  pay  plus  one-half  of  the 
remainder,  if  any.  In  the  operation  of  the  formula  for  the  reduction 
of  retired  or  retirement  pay  under  this  subsection,  the  amount  of 
$2,000  shall  be  increased,  from  time  to  time,  by  appropriate  percent- 
age, in  direct  proportion  to  each  increase  in  retired  or  retirement 
pay  under  section  1401a  (b)  of  title  10  to  reflect  changes  in  the  Con- 
sumer Price  Index. 

(c)  The  reduction  in  retired  or  retirement  pay  required  by  subsec- 
tion (b)  of  this  section  does  not  apply  to  a  retired  officer  of  a  regu- 
lar component  of  a  uniformed  service — 

(1)  whose  retirement  was  based  on  disability — 

(A)  resulting  from  injury  or  disease  received  in  line  of 
duty  as  a  direct  result  of  armed  conflict ;  or 

(B)  caused  by  an  instrumentality  of  war  and  incurred  in 
line  of  duty  during  a  period  of  war  as  defined  by  sections 
101  and  301  of  title  38 ;  or 

(2)  employed  on  a  temporary  (full-time  or  part-time)  basis, 
any  other  part-time  basis,  or  an  intermittent  basis,  for  the  first 
30-day  period  for  which  he  receives  pay. 

The  exemption  from  reduction  in  retired  or  retirement  pay 
under  paragraph  (2)  of  this  subsection  does  not  apply  longer 
than — 

(i)  the  first  30-day  period  for  which  he  receives  pay 
under  one  appointment  from  the  position  in  which  he  is 
employed,  if  he  is  serving  under  not  more  than  one  appoint- 
ment; and 

(ii)  the  first  period  for  which  he  receives  pay  under  more 
than  one  appointment,  in  a  fiscal  year,  which  consists  in  the 
aggregate  of  30  days,  from  all  positions  in  which  he  is 
employed,  if  he  is  serving  under  more  than  one  appoint- 
ment in  that  fiscal  year. 


72 


(d)  Except  as  otherwise  provided  by  this  subsection,  the  Civil 
Service  Commission,  subject  to  the  supervision  and  control  of  the 
President,  may  prescribe  regulations  under  which  exceptions  may  be 
made  to  the  restrictions  in  subsection  (b)  of  this  section  when 
appropriate  authority  determines  that  the  exceptions  are  warranted 
because  of  special  or  emergency  employment  needs  which  otherwise 
cannot  be  readily  met.  The  President  of  the  Senate  with  respect  to 
the  United  States  Senate,  the  Speaker  of  the  House  of  Representa- 
tives with  respect  to  the  United  States  House  of  Representatives, 
and  the  Architect  of  the  Capitol  with  respect  to  the  Office  of  the 
Architect  of  the  Capitol  each  may  provide  for  a  means  by  which 
exceptions  may  be  made  to  the  restrictions  in  subsection  (b)  of  this 
section  when  he  determines  that  the  exceptions  are  warranted 
because  of  special  or  emergency  employment  needs  which  otherwise 
cannot  be  readily  met.  The  Administrator  of  the  National  Aeronau- 
tics and  Space  Administration  may  except,  at  any  time,  an  individ- 
ual appointed  to  a  scientific,  engineering,  or  administrative  position 
under  section  2473(b)(2)(A)  of  title  42  from  the  restrictions  in 
subsection  (b)  of  this  section  when  he  determines  that  the  exception 
is  warranted  because  of  special  or  emergency  employment  needs 
which  otherwise  cannot  be  readily  met,  but  not  more  than  30  excep- 
tions may  exist  at  any  one  time  under  this  authority.  (Pub.  L. 
89-554,  Sept.  6, 1966,  80  Stat.  482.) 


5  U.S.C.  5564.  Travel  and  transportation  ;  dependents  ;  household 

AND  PERSONAL  EFFECTS;  MOTOR  VEHICLES;  SALE  OF  BULKY  ITEMS  J 
CLAIMS  FOR  PROCEEDS ;  APPROPRIATION  CHARGEABLE 

(a)  For  the  purpose  of  this  section,  "household  and  personal 
effects"  and  "household  effects"  may  include,  in  addition  to  other 
authorized  weight  allowances,  one  privately  owned  motor  vehicle 
which  may  be  snipped  at  United  States  expense. 

(b)  Transportation  (including  packing,  crating,  draying,  tempo- 
rarily storing,  and  unpacking  of  household  and  personal  effects) 
may  be  provided  for  the  dependents  and  household  and  personal 
effects  of  an  employee  in  active  service  (without  regard  to  pay 
grade)  who  is  officially  reported  as  dead,  injured,  or  absent  for  more 
than  29  days  in  »  status  listed  in  section  5561(5)  (A)-(E)  of  this 
title  to — 

(1)  the  official  residence  of  record  for  the  employee; 

(2)  the  residence  of  his  dependent,  next  of  kin,  or  other 
person  entitled  to  the  effects  under  regulations  prescribed  by  the 
head  of  the  agency  concerned ;  or 

(3)  another  location  determined  in  advance  or  later  approved 
by  the  head  of  the  agency  concerned  or  his  designee  on  request 
of  the  employee  (if  injured)  or  his  dependent,  next  of  kin,  or 
other  person  described  in  paragraph  (2)  of  this  subsection. 

(c)  When  an  employee  described  in  subsection  (b)  of  this  section 
is  in  an  injured  status,  transportation  of  dependents  and  household 


[Emphasis  supplied.] 


73 


and  personal  effects  may  be  provided  under  this  section  only  when 
prolonged  hospitalization  or  treatment  is  anticipated. 

(d)  Transportation  on  request  of  a  dependent  may  be  authorized 
under  this  section  only  when  there  is  a  reasonable  relationship 
between  the  circumstances  of  the  dependent  and  the  destination 
requested. 

(e)  Instead  of  providing  transportation  for  dependents  under  this 
section,  when  the  travel  has  been  completed  the  head  of  the  agency 
concerned  may  authorize — 

(1)  reimbursement  for  the  commercial  cost  of  the  transporta- 
tion ;  or 

(2)  a  monetary  allowance,  instead  of  transportation,  as 
authorized  by  statute  for  the  whole  or  that  part  of  the  travel 
for  which  transportation  in  kind  was  not  furnished. 

(f)  The  head  of  the  agency  concerned  may  store  the  household 
and  personal  effects  of  an  employee  described  in  subsection  (b)  of 
this  section  until  proper  disposition  can  be  made.  The  cost  of  the 
storage  and  transportation  (including  packing,  crating,  draying, 
temporarily  storing,  and  unpacking)  of  household  and  personal 
effects  shall  be  charged  against  appropriations  currently  available. 

(g)  When  the  head  of  the  agency  concerned  determines  that  an 
emergency  exists  and  that  a  sale  would  be  in  the  best  interests  of  the 
United  States,  he  may  provide  for  the  public  or  private  sale  of 
motor  vehicles  and  other  Dulky  items  of  the  household  and  personal 
effects  of  an  employee  described  in  subsection  (b)  of  this  section. 
Before  a  sale,  and  if  practicable,  a  reasonable  effort  shall  be  made  to 
determine  the  desires  of  interested  persons.  The  net  proceeds  from 
the  sale  shall  be  sent  to  the  owner  or  other  person  entitled  thereto 
under  regulations  prescribed  by  the  head  of  the  agency  concerned.  If 
there  is  no  owner  or  other  person  entitled  thereto,  or  if  the  owner  or 
other  person  or  their  addresses  are  not  ascertained  within  1  year 
from  the  date  of  sale,  the  net  proceeds  may  be  covered  into  the 
Treasury  of  the  United  States  as  miscellaneous  receipts. 

(h)  A  claim  for  net  proceeds  covered  into  the  Treasury  under 
subsection  (g)  of  this  section  may  be  filed  with  the  General 
Accounting  Office  by  the  owner,  his  heir  or  next  of  kin,  or  his  legal 
representative  at  any  time  before  the  end  of  5  years  from  the  date 
the  proceeds  are  covered  into  the  Treasury.  When  a  claim  is  filed, 
the  General  Accounting  Office  shall  allow  or  disallow  it.  A  claim 
that  is  allowed  shall  be  paid  from  the  appropriation  for  refunding 
money  erroneously  received  and  covered.  If  a  claim  is  not  filed 
before  the  end  of  5  years  from  the  date  the  proceeds  are  covered  into 
the  Treasury,  it  is  barred  from  being  acted  on  by  the  General 
Accounting  Office  or  the  courts. 

(i)  This  section  does  not  amend  or  repeal — 

(1)  section  2575,  2733,  4712,  4713,  6522,  9712,  or  9713  of  title 
10; 

(2)  section  507  of  title  14;  or 

(3)  chapter  171  of  title  28. 

(Pub.  L.  89-554,  Sept.  6,  1966,  80  Stat.  491;  Pub.  L.  90-83;  § 
1(3),  Sept.  11, 1967,  81  Stat.  201.) 

[Emphasis  supplied.]  / 


74 


5  U.S.C.  8332.  Creditable  service 

(a)  The  total  service  of  an  employee  or  Member  is  the  full  years 
and  twelfth  parts  thereof,  excluding  from  the  aggregate  the  frac- 
tional part  of  a  month,  if  any. 

(b)  The  service  of  an  employee  shall  be  credited  from  the  date  of 
original  employment  to  the  date  of  separation  on  which  title  to 
annuity  is  based  in  the  civilian  service  of  the  Government.  Credit 
may  not  be  allowed  for  a  period  of  separation  from  the  service  in 
excess  of  3  calendar  days.  The  service  includes — 

( 1 )  employment  as  a  substitute  in  the  postal  field  service ; 

(2)  service  in  the  Pan  American  Sanitary  Bureau ; 

(3)  subject  to  section  8334(c)  and  8339(h)  of  this  title,  serv- 
ice performed  before  July  10,  1960,  as  an  employee  of  a  county 
committee  established  under  section  590h(b)  of  title  16  or  of  a 
committee  or  an  association  of  producers  described  by  section 
610(b)  of  title  7; 

(4)  service  as  a  student-employee  as  defined  by  section  5351 
of  this  title  only  if  he  later  becomes  subject  to  this  subchapter ; 

(5)  a  period  of  satisfactory  service  of  a  volunteer  or  volun- 
teer leader  under  chapter  34  of  title  22  only  if  he  later  becomes 
subject  to  this  subchapter ; 

(6)  employment  under  section  709  of  title  32,  United  States 
Code  or  any  prior  corresponding  provision  of  law ; 

(7)  a  period  of  service  of  a  volunteer  under  part  A  of  title 
VIII  of  the  Economic  Opportunity  Act  of  1964  only  if  he  later 
becomes  subject  to  this  subchapter ;  and 

(8)  subject  to  section  8334(c)  and  8339(h)  of  this  title,  serv- 
ice performed  on  and  after  February  19,  1929,  and  prior  to  the 
effective  date  of  section  442  of  the  Legislative  Reorganization 
Act  of  1970,  as  a  United  States  Capitol  Guide. 

The  Civil  Service  Commission  shall  accept  the  certification  of 
the  Secretary  of  Agriculture  or  his  designee  concerning  service 
for  the  purpose  of  this  subchapter  of  the  type  performed  by  an 
employee  named  by  paragraph  (3)  of  this  subsection.  The  Civil 
Service  Commission  shall  accept  the  certification  of  the  Capitol 
Guide  Board  concerning  service  for  the  purpose  of  this  sub- 
chapter of  the  type  described  in  paragraph  (8)  of  this  subsec- 
tion and  performed  by  an  employee.  For  the  purpose  of  para- 
graph (5)  of  this  subsection — 

(A)  a  volunteer  and  a  volunteer  leader  are  deemed 
receiving  pay  during  their  service  at  the  respective  rates  of 
readjustment  allowances  payable  under  sections  2504(c)  and 
2505(1)  of  title  22;  and 

(B)  the  period  of  an  individual's  service  as  a  volunteer 
or  volunteer  leader  under  chapter  34  of  title  22  is  the 
period  between  enrollment  as  a  volunteer  or  volunteer 
leader  and  the  termination  of  that  service  by  the  President 
or  by  death  or  resignation. 

Service  referred  to  in  paragraph  (6)  is  allowable  only  in  the  case 
of  persons  performing  service  under  section  709  of  title  32,  United 


75 


States  Code,  on  or  after  the  effective  date  of  the  National  Guard 
Technicians  Act  of  1968. 

(c)  Except  as  provided  by  subsection  (d)  of  this  section,  an 
employee  or  Member  shall  be  allowed  credit  for  periods  of  military 
service  before  the  date  of  the  separation  on  which  title  to  annuity  is 
based.  However,  if  an  employee  or  Member  is  awarded  retired  pay 
on  account  of  military  service,  his  military  service  may  not  be  cred- 
ited unless  the  retired  pay  is  awarded — 

(1)  on  account  of  a  service-connected  disability — 

(A)  incurred  in  combat  with  an  enemy  of  the  United 
States;  or 

(B)  caused  by  an  instrumentality  of  war  and  incurred  in 
line  of  duty  during  a  period  of  war  as  defined  by  section 
301  of  title  38;  or 

(2)  under  chapter  67  of  title  10. 

(d)  For  the  purpose  of  section  8339(c)(1)  of  this  title,  a  Mem- 
ber— 

(1)  shall  be  allowed  credit  only  for  periods  of  military  serv- 
ice not  exceeding  5  years,  plus  military  service  performed  by  the 
Member  on  leaving  his  office,  for  the  purpose  of  performing 
military  service,  during  a  war  or  national  emergency  proclaimed 
by  the  President  or  declared  by  Congress  and  before  his  final 
separation  from  service  as  Member ;  and 

(2)  may  not  receive  credit  for  military  service  for  which 
credit  is  allowed  for  purpose  of  retired  pay  under  other  statute. 

(e)  This  subchapter  does  not  affect  the  right  of  an  employee  or 
Member  to  retired  pay,  pension,  or  compensation  in  addition  to  an 
annuity  payable  under  this  subchapter. 

(f)  Credit  shall  be  allowed  for  leaves  of  absence  without  pay 
granted  an  employee  while  performing  military  service  or  while 
receiving  benefits  under  subchapter  I  of  chapter  81  of  this  title.  An 
employee  or  former  employee  who  returns  to  duty  after  a  period  of 
separation  is  deemed,  for  the  purpose  of  this  subsection,  to  have 
been  in  a  leave  of  absence  without  pay  for  that  part  of  the  period  in 
which  he  was  receiving  benefits  under  subchapter  I  of  chapter  81  of 
this  title  or  any  earlier  statute  on  which  such  subchapter  is  based. 
Except  for  a  substitute  in  the  postal  field  service,  credit  may  not  be 
allowed  for  so  much  of  other  leaves  of  absence  without  pay  as  exceeds 
6  months  in  the  aggregate  in  a  calendar  year. 

(g)  An  employee  who  during  the  period  of  a  war,  or  of  a 
national  emergency  as  proclaimed  by  the  President  or  declared  by 
Congress,  leaves  his  position  to  enter  the  military  service  is  deemed, 
for  the  purpose  of  this  subchapter,  as  not  separated  from  his  civil- 
ian position  because  of  that  military  service,  unless  he  applies  for 
and  receives  a  lump-sum  credit  under  this  subchapter.  However,  the 
employee  is  deemed  as  not  retaining  his  civilian  position  after 
December  31,  1956,  or  after  the  expiration  of  5  years  of  that  mili- 
tary service,  whichever,  is  later. 

[Emphasis  supplied.] 


76 

Title  7 — Agriculture 


7  U.S.C.  1158.  Suspension  or  quota  and  authorization  provisions 

(a)  Emergencies;  duration  of  suspension;  investigations  and 
reports. 

Whenever  pursuant  to  the  provisions  of  this  chapter  the  President 
finds  and  proclaims  that  a  national  economic  or  other  emergency 
exists  with  respect  to  sugar  or  liquid  sugar,  he  shall  by  proclamation 
suspend  the  operation,  except  as  provided  in  section  1117  of  this 
title,  of  all  the  provisions  of  subchapter  II  of  this  chapter,  and, 
thereafter,  the  operation  of  subchapter  II  of  this  chapter  shall  con- 
tinue in  suspense  until  the  President  finds  and  proclaims  that  the 
facts  which  occasioned  such  suspension  no  longer  exist.  The  Secre- 
tary shall  make  such  investigations  and  reports  thereon  to  the  Presi- 
dent as  may  be  necessary  to  aid  him  in  carrying  out  the  provisions 
of  this  section.  During  any  period  that  the  operation  of  the  provi- 
sions of  subchapter  II  of  this  chapter  is  so  suspended  by  the  Presi- 
dent, the  Secretary  shall  estimate  for  each  year  the  amount  of  sugar 
needed  to  meet  requirements  of  consumers  in  the  United  States  and 
the  amount  the  quota  for  each  country  would  be  if  calculated  on  the 
basis  as  provided  in  section  1112  of  this  title.  Notice  of  such  estimate 
and  quota  calculation  shall  be  published  in  the  Federal  Register.  If 
any  country  fails  to  import  into  the  continental  United  States 
within  the  quota  year,  an  amount  of  sugar  equal  to  the  amount  the 
quota  would  be  as  calculated  for  such  country  by  the  Secretary  for 
such  year,  the  quota  established  for  such  country  in  subsequent  years 
under  the  provisions  of  subchapter  II  of  this  chapter  shall  be 
reduced  as  provided  in  section  1112(d)(4)  of  this  title:  Provided, 
That  quotas  for  subsequent  years  shall  not  be  reduced  when  quotas 
are  suspended  under  this  subsection  and  reestablished  in  the  same 
calendar  year. 

(b)  Discrimination  in  distribution  of  quotas  or  authorizations; 
duration  of  suspension ;  allocation  of  suspended  quantities. 

In  the  event  the  President  in  his  discretion,  determines  that  any 
foreign  country  having  a  quota  or  receiving  any  authorization  under 
this  chapter  to  import  sugar  into  the  United  States,  has  been  or  is 
allocating  the  distribution  of  such  quota  or  authorization  within 
that  country  so  as  to  discriminate  against  citizens  of  the  United 
States,  he  shall  suspend  the  quota  or  other  authorization  of  that 
country  until  such  time  as  he  has  received  assurances,  satisfactory  to 
him,  that  the  discrimination  will  not  be  continued.  Any  quantity  so 
suspended  shall  be  allocated  in  the  same  manner  as  deficits  are  allo- 
cated under  the  provisions  of  section  1114  of  this  title. 

(c)  Seizure  of  property  of  United  States  citizens;  discrimination 
in  taxation  and  other  exactions;  restrictive  maintenance  or  opera- 
tional conditions;  remedial  measures;  duration  of  suspension;  alloca- 
tion of  suspended  quantities. 

In  any  case  in  which  a  nation  or  political  subdivision  thereof  has, 
on  or  after  January  1, 1967,  (1)  nationalized,  expropriated,  or  other- 
[  Emphasis  supplied.] 


77 


wise  seized  the  ownership  or  control  of  the  property  or  business 
enterprise  owned  or  controlled  by  United  States  citizens  or  any  cor- 
poration, partnership,  or  association  not  less  than  50  per  centum 
beneficially  owned  by  United  States  citizens,  or  (2)  imposed  upon  or 
enforced  against  such  property  or  business  so  owned  or  controlled, 
discriminatory  taxes  or  other  exactions,  or  restrictive  maintenance  or 
operational  conditions  (including  limiting  or  reducing  participation 
in  production,  export,  or  sale  of  sugar  to  the  United  States  under 
quota  allocation  pursuant  to  this  chapter)  not  imposed  or  enforced 
with  respect  to  the  property  or  business  enterprise  of  a  like  nature 
owned  or  operated  by  its  own  nationals  or  the  nationals  of  any  gov- 
ernment other  than  the  Government  of  the  United  States,  or  (3) 
imposed  upon  or  enforced  against  such  property  or  business  enter- 
prise so  owned  or  controlled,  discriminatory  taxes  or  other  exactions, 
or  restrictive  maintenance  or  operational  conditions  (including  lim- 
iting or  reducing  participaiton  in  production,  export,  or  sale  of 
sugar  to  the  United  States  under  quota  allocation  pursuant  to  this 
chapter),  or  has  taken  other  actions,  which  have  the  effect  of  nation- 
alizing, expropriating  or  otherwise  seizing  ownership  or  control  of 
such  property  or  business  enterprise,  or  (i)  violated  the  provisions 
of  any  bilateral  or  multilateral  international  agreement  to  which  the 
United  States  is  a  party,  designed  to  protect  such  property  or  busi- 
ness enterprise  so  owned  or  controlled,  and  has  failed  within  six 
months  following  the  taking  of  action  in  any  of  the  above  categories 
to  take  appropriate  and  adequate  steps  to  remedy  such  situation  and 
to  discharge  its  obligations  under  international  law  toward  such  citi- 
zen or  entity,  including  the  prompt  payment  to  the  owner  or  owners 
of  such  property  or  business  enterprise  so  nationalized,  expropriated 
or  otherwise  seized  or  to  provide  relief  from  such  taxes,  exactions, 
conditions  or  breaches  of  such  international  agreements,  as  the  case 
may  be,  or  to  arrange,  with  the  agreement  of  the  parties  concerned, 
for  submitting  the  question  in  dispute  to  arbitration  or  conciliation 
in  accordance  with  procedures  under  which  final  and  binding,  deci- 
sion or  settlement  will  be  reached  and  full  payment  or  arrangements 
with  the  owners  for  such  payment  made  within  twelve  months  fol- 
lowing such  submission,  the  President  may  withhold  or  suspend  all 
or  any  part  of  the  quota  under  this  chapter  of  such  national,  and 
either  in  addition  or  as  an  alternative,  the  President  may,  under 
such  terms  and  conditions  as  he  may  prescribe,  cause  to  be  levied 
and  collected  at  the  port  of  entry  an  impost  on  any  or  all  sugar 
sought  to  be  imported  into  the  United  States  from  such  nation  in  an 
amount  not  to  exceed  $20  per  ton,  such  moneys  to  be  covered  in  the 
Treasury  of  the  United  States  into  a  special  trust  fund,  and  he  shall 
use  such  fund  to  make  payment  of  claims  arising  on  or  after  Janu- 
ary 1,  1961,  as  a  result  of  such  nationalization,  expropriation,  or 
other  type  of  seizure  or  action  set  forth  herein,  except  that  if  such 
nation  "participates  in  the  quota  for  the  West  Indies,  the  President 
may  suspend  a  portion  of  the  quota  for  the  West  Indies  which  is  not 
in  excess  of  the  quantity  imported  from  that  nation  during  the  pre- 
ceding year,  until  he  is  satisfied  that  appropriate  steps  are  being 
taken,  and  either  in  addition  or  as  an  alternative  he  may  cause  to  be 

[Emphasis  supplied.] 


78 


levied  and  collected  an  impost  in  an  amount  not  to  exceed  $20  per 
ton  on  any  or  all  sugar  sought  to  be  imported  into  the  United  States 
from  such  nation  for  the  payment  of  claims  as  provided  herein.  Any 
quantity  so  withheld  or  suspended  shall  be  allocated  under  section 
1112(d)  (1)  (B)  of  this  title.  With  respect  to  any  action  taken  during 
1961  in  any  of  the  categories  set  forth  in  this  subsection,  the  provi- 
sions of  this  subsection  relating  to  levying  and  collecting  an  impost 
shall  apply  only  if  the  President  so  determines. 

(Aug.  8,  1947,  ch.  519,  title  IV,  §  408,  61  Stat.  933;  July  6,  1960, 
Pub.  L.  86-592,  S3,  74  Stat.  330;  Oct.  14,  1971,  Pub.  L.  92-138, 
§  17,  85  Stat.  389.) 


7  U.S.C.  1332.  National  marketing  quota 

(a)  Proclamation;  duration  of  program. 

Whenever  prior  to  April  15  in  any  calendar  year  the  Secretary 
determines  that  the  total  supply  of  wheat  in  the  marketing  year 
beginning  in  the  next  succeeding  calendar  year  will,  in  the  absence 
of  a  marketing  quota  program,  likely  be  excessive,  the  Secretary 
shall  proclaim  that  a  national  marketing  quota  for  wheat  shall  be  in 
effect  for  such  marketing  year  and  for  either  the  following  market- 
ing year  or  the  following  two  marketing  years,  if  the  Secretary 
determines  and  declares  in  such  proclamation  that  a  two-  or  three- 
year  marketing  quota  program  is  necessary  to  effectuate  the  policy 
of  the  chapter. 

(b)  Amount;  minimum. 

If  a  national  marketing  quota  for  wheat  has  been  proclaimed  for 
any  marketing  year,  the  Secretary  shall  determine  and  proclaim  the 
amount  of  the  national  marketing  quota  for  such  marketing  year  not 
earlier  than  January  1  or  later  than  April  15  of  the  calendar  year 
preceding  the  year  in  which  such  marketing  year  begins.  The 
amount  of  the  national  marketing  quota  for  wheat  for  any  market- 
ing year  shall  be  an  amount  of  wheat  which  the  Secretary  estimates 
(i)  will  be  utilized  during  such  marketing  year  for  human  consump- 
tion in  the  United  States  as  food,  food  products,  and  beverages, 
composed  wholly  or  partly  of  wheat,  (ii)  will  be  utilized  during 
such  marketing  year  in  the  United  States  for  seed,  (iii)  will  be 
exported  either  in  the  form  of  wheat  or  products  thereof,  and  (iv) 
will  be  utilized  during  such  marketing  year  in  the  United  States  as 
livestock  (including  poultry)  feed,  excluding  the  estimated  quantity 
of  wheat  which  will  be  utilized  for  such  purpose  as  a  result  of  the 
substitution  of  wheat  for  feed  grains  under  section  1339c  of  this 
title;  less  (A)  an  amount  of  wheat  equal  to  the  estimated  imports  of 
wheat  into  the  United  States  during  such  marketing  year  and,  (B) 
if  the  stocks  of  wheat  owned  by  the  Commodity  Credit  Corporation 
are  determined  by  the  Secretary  to  be  excessive,  an  amount  of  wheat 
determined  by  the  Secretary  to  be  a  desirable  reduction  in  such  mar- 
keting year  in  such  stocks  to  achieve  the  policy  of  the  chapter :  Pro- 
vided, That  if  the  Secretary  determines  that  the  total  stocks  of 
wheat  in  the  Nation  are  insufficient  to  assure  an  adequate  carryover 
for  the  next  succeeding  marketing  year,  the  national  marketing 
quota  otherwise  determined  shall  be  increased  by  the  amount  the 


79 


Secretary  determines  to  be  necessary  to  assure  an  adequate ''car- 
ryover: And  provided  further,  That  the  national  marketing  quota 
for  wheat  for  any  marketing  year  shall  be  not  less  than  one  billion 
bushels. 

(c)  National  emergencies  or  material  increase  in  demand :  investi- 
gation ;  increase  or  termination. 

If,  after  the  proclamation  of  a  national  marketing  quota  for 
wheat  for  any  marketing  year,  the  Secretary  has  reason  to  believe 
that,  because  of  a  national  emergency  or  because  of  a  material 
increase  in  the  demand  for  wheat,  the  national  marketing  quota 
should  be  terminated  or  the  amount  thereof  increased,  he  shall  cause 
an  immediate  investigation  to  be  made  to  determine  whether  such 
action  is  necessary  in  order  to  meet  such  emergency  or  increase  in 
the  demand  for  wheat.  If,  on  the  basis  of  such  investigation,  the 
Secretary  finds  that  such  action  is  necessary,  he  shall  immediately 
proclaim  such  finding  and  the  amount  of  any  such  increase  found  by 
him  to  be  necessary  and  thereupon  such  national  marketing  quota 
shall  be  so  increased  or  terminated.  In  case  any  national  marketing 
quota  is  increased  under  this  subsection,  the  Secretary  shall  provide 
for  such  increase  by  increasing  acreage  allotments  established  under 
this  part  by  a  uniform  percentage. 

(d)  Farm  marketing  quotas  for  wheat  crops  planted  in  calendar 
years  1966-1970. 

Notwithstanding  any  other  provision  of  this  chapter,  the  Secre- 
tary shall  proclaim  a  national  marketing  quota  for  the  crops  of 
wheat  planted  for  harvest  in  the  calendar  years  1966  through  1970, 
and  farm  marketing  quotas  shall  not  be  in  effect  for  such  crops  of 
wheat.  (Feb.  16,  1938,  ch.  30,  title  III,  §  332,  52  Stat.  53;  Aug.  28, 
1954,  ch.  10041,  title  III,  §  307,  68  Stat.  903;  Sept.  27, 1962,  Pub.  L. 
87-703,  title  III,  §  311,  76  Stat.  619;  Nov.  3,  1965,  Pub.  L.  89-321, 
title  V,  §  501(1),  79  Stat.  1199;  Oct.  11, 1968,  Pub.  L.  90-559,  §  1(1), 
82  Stat.  996.) 


7  U.S.C.  1371.  General  adjustment  of  quotas 

(a)  Investigation  and  adjustment  to  maintain  normal  supply. 

If  at  any  time  the  Secretary  has  reason  to  believe  that  in  the  case 
of  cotton,  rice,  peanuts,  or  tobacco  the  operation  of  farm  marketing 
quotas  in  effect  will  cause  the  amount  of  such  commodity  which  is 
free  of  marketing  restrictions  to  be  less  than  the  normal  supply  for 
the  marketing  year  for  the  commodity  then  current,  he  shall  cause 
an  immediate  investigation  to  be  made  with  respect  thereto.  In  the 
course  of  such  investigation  due  notice  and  opportunity  for  hearing 
shall  be  given  to  interested  persons.  If  upon  the  basis  of  such  inves- 
tigation the  Secretary  finds  the  existence  of  such  fact,  he  shall  pro- 
claim the  same  forthwith.  He  shall  also  in  such  proclamation  specify 
such  increase  in,  or  termination  of,  existing  quotas  as  he  finds,  on 
the  basis  of  such  investigation,  is  necessary  to  make  the  amount  of 
such  commodity  which  is  free  of  marketing  restrictions  equal  the 
normal  supply. 

[Emphasis  supplied.] 


80 


(b)  Adjustment  because  of  emergency  or  export  demand. 

//  the  Secretary  has  reason  to  believe  that,  because  of  a  national 
emergeiwy  or  because  of  a  material  increase  in  export  demand,  any 
national  marketing  quota  or  acreage  allotment  for  cotton,  rice,  pea- 
nuts, or  tobacco  should  be  increased  or  terminated,  he  shall  cause  an 
immediate  investigation  to  be  made  to  determine  whether  the 
increase  or  termination  is  necessary  to  meet  such  emergency  or 
increase  in  export  demand.  If,  on  the  basis  of  such  investigation,  the 
Secretary  finds  that  such  increase  or  termination  is  necessary,  he 
shall  immediately  proclaim  such  finding  (and  if  he  finds  an  increase 
is  necessary,  the  amount  of  the  increase  found  by  him  to  be  neces- 
sary) and  thereupon  such  quota  or  allotment  shall  be  increased,  or 
shall  terminate,  as  the  case  may  be. 

(c)  Increase  of  farm  quota  on  increase  of  national  quota. 

In  case  any  national  marketing  quota  or  acreage  allotment  for  any 
commodity  is  increased  under  this  section,  each  farm  marketing 
quota  for  the  commodity  shall  be  increased  in  the  same  ratio.  (Feb. 
16,  1938,  ch.  30.  title  III,  §  371,  52  Stat.  64;  Apr.  3,  1941,  ch.  39,  §  5, 
55  Stat.  92;  Aug.  28,  1954,  ch.  1041,  title  III,  §  312,  68  Stat.  905; 
Sept.  27, 1962,  Pub.  L.  87-703,  title  III,  §  321, 76  Stat.  C26.) 


7  U.S.C.  1743.  Reduction  of  set-aside 

(a)  Such  commodity  set-aside  shall  be  reduced  by  disposals  made 
in  accordance  with  the  directions  of  the  President  as  follows : 

(1)  Donation,  sale,  or  other  disposition  for  disaster  or  other 
relief  purposes  outside  the  United  States  pursuant  to  and  sub- 
ject to  the  limitations  of  subchapter  III  of  chapter  41  of  this 
title ; 

(2)  Sale  or  barter  (including  barter  for  strategic  materials) 
to  develop  new  or  expanded  markets  for  American  agricultural 
commodities,  including  but  not  limited  to  disposition  pursuant 
to  and  subject  to  the  limitations  of  subchapter  II  of  chapter  41 
of  this  title; 

(3)  Donation  to  school-lunch  programs; 

(4)  Transfer  to  the  national  stockpile  established  pursuant  to 
sections  98  to  98h  of  Title  50,  without  reimbursement  from 
funds  appropriated  for  the  purposes  of  said  sections ; 

(5)  Donation,  sale,  or  other  disposition  for  research,  experi- 
mental, or  educational  purposes; 

(6)  Donation,  sale,  or  other  disposition  for  disaster  relief 
purposes  in  the  United  States  or  to  meet  any  national  emer- 
gency declared  by  the  President;  and 

(7)  Sale  for  unrestricted  use  to  meet  a  need  for  increased 
supplies  at  not  less  than  105  per  centum  of  the  parity  price  in 
the  case  of  agricultural  commodities  and  a  price  reflecting  105 
per  centum  of  the  parity  price  of  the  agricultural  commodity  in 
the  case  of  products  of  agricultural  commodities. 

The  President  shall  prescribe  such  terms  and  conditions  for  the 
disposal  of  commodities  in  the  commodity  set-aside  as  he  determines 
[Emphasis  supplied.] 


81 


will  provide  adequate  safeguards  against  interference  with  normal 
marketings  of  the  supplies  of  such  commodities  outside  the  commod- 
ity set-aside.  Strategic  materials  acquired  by  the  Commodity  Credit 
Corporation  under  paragraph  (2)  of  this  subsection  shall  be  trans- 
ferred to  the  national  stockpile  established  pursuant  to  sections  98  to 
98h  of  Title  50,  and  the  Commodity  Credit  Corporation  shall  be 
reimbursed  for  the  value  of  the  commodities  bartered  for  such  stra- 
tegic materials  from  funds  appropriated  pursuant  to  section  98g  of 
Title  50.  For  the  purpose  of  such  reimbursement,  the  value  of  any 
commodity  so  bartered  shall  be  the  lower  of  the  domestic  market 
price  or  the  Commodity  Credit  Corporation's  investment  therein  as 
of  the  date  of  such  barter,  as  determined  by  the  Secretary  of  Agri- 
culture. 

(b)  The  quantity  of  any  commodity  in  the  commodity  set-aside 
shall  be  reduced  to  the  extent  that  the  Commodity  Credit  Corpora- 
tion inventory  of  such  commodity  is  reduced,  by  natural  or  other 
cause  beyond  the  control  of  the  Corporation,  below  the  quantity  then 
charged  to  the  commodity  set-aside.  (Aug.  28,  1954,  ch.  1041,  title  I, 
§  103,  68  Stat.  897.) 

— N  O  T  E — 

Excerpt  from  House  Kept.  1927,  83d  Cong.,  2d  Sess.  (1954) 
commodity  set-aside 

Authority  is  provided  for  the  Commodity  Credit  Corpo- 
ration, as  the  President  requested,  to  set-aside  reserves  up  to 
a  value  of  $2,500  million  from  the  present  CCC  stocks. 
These  stocks  will  be  insulated  from  the  commercial  supplies 
and  used  in  constructive  ways,  such  as  in  school-lunch  pro- 
grams, disaster  relief,  aid  to  the  people  of  other  countries, 
and  stockpiled  reserves  at  home  for  use  m  a  national  emer- 
gency. 


1  TT.S.C.  1903.  Limitations  on  Government  procurement  and  price 
support;  modification  during  national  emergency;  statement 
or  eligibility 

The  public  policy  declared  in  this  chapter  shall  be  taken  into  con- 
sideration by  all  agencies  of  the  Federal  Government  in  connection 
with  all  procurement  and  price  support  programs  and  operations 
and  after  June  30,  1960,  no  agency  or  instrumentality  of  the  United 
States  shall  contract  for  or  procure  any  livestock  products  produced 
or  processed  by  any  slaughterer  or  processor  which  in  any  of  its 
plants  or  in  any  plants  of  any  slaughterer  or  processor  with  which  it 
is  affiliated  slaughters  or  handles  in  connection  with  slaughter  live- 
stock by  any  methods  other  than  methods  designated  and  approved 
by  the  Secretary  of  Agriculture  (hereinafter  referred  to  as  the  Sec- 
retary) pursuant  to  section  1904  of  this  title:  Provided,  That  during 
the  period  of  any  national  emergency  declared  by  the  President  or 
the  Congress,  the  limitations  on  procurement  required  by  this  section 

[Emphasis  supplied.] 


82 


may  be  modified  by  the  President  to  the  extent  determined  by  him 
to  be  necessary  to  meet  essential  procurement  needs  during  such 
emergency.  For  the  purposes  of  this  section  a  slaughterer  or  proces- 
sor snail  be  deemed  to  be  affiliated  with  another  slaughterer  or  proc- 
essor if  it  controls,  is  controlled  by,  or  is  under  common  control 
with,  such  other  slaughterer  or  processor.  After  June  30,  1960,  each 
supplier  from  which  any  livestock  products  are  procured  by  any 
agency  of  the  Federal  Government  shall  be  required  by  such  agency 
to  make  such  statement  of  eligibility  under  this  section  to  supply 
such  livestock  products  as,  if  false,  will  subject  the  maker  thereof  to 
prosecution,  section  287  of  Title  18.  (Pub.  L.  85-765,  §3,  Aug.  27, 
1958,  72  Stat.  862.) 


Title  8 — Aliens  and  Nationality 


8  TJ.S.C.  1182.  Excludable  aliens 
(a)  General  classes. 

Except  as  otherwise  provided  in  this  chapter,  the  following  classes 
of  aliens  shall  be  ineligible  to  receive  visas  and  shall  be  excluded 
from  admission  into  the  United  States : 

******* 

(22)  Aliens  who  are  ineligible  to  citizenship,  except  aliens 
seeking  to  enter  as  nonimmigrants;  or  persons  who  have 
departed  from  or  who  have  remained  outside  the  United  States 
to  avoid  or  evade  training  or  service  in  the  armed  forces  in  time 
of  war  or  a  period  declared  by  the  President  to  be  a  national 
emergency,  except  aliens  who  were  at  the  time  of  such  departure 
nonimmigrant  aliens  and  who  seek  to  reenter  the  United  States 
as  nonimmigrants; 


8  U.S.C.  1185.  Travel  control  of  citizens  and  aliens  during 

WAR  OR  NATIONAL  EMERGENCY 

(a)  Restrictions  and  prohibitions  on  aliens. 

When  the  United  States  is  at  war  or  during  the  existence  of  any 
national  emergency  proclaimed-  by  the  President,  or,  as  to  aliens, 
whenever  there  exists  a  state  of  war  between  or  among  two  or  more 
states,  and  the  President  shall  find  that  the  interests  of  the  United 
states  require  that  restrictions  and  prohibitions  in  addition  to  those 
provided  otherwise  than  by  this  section  be  imposed  upon  the  depar- 
ture of  persons  from  and  their  entry  into  the  United  States,  and 
shall  make  public  proclamation  thereof,  it  shall,  until  otherwise 
ordered  by  the  President  or  the  Congress,  be  unlawful—  utuerwlse 

*  i1LfJ>r  *ny  allen  J?  *i?part  from  or  enter  or  attempt  to 
depart  from  or  enter  the  United  States  except  under  such  rea- 

[ Emphasis  supplied.] 


83 


sonable  rules,  regulations,  and  orders,  and  subject  to  such  limi- 
tations and  exceptions  as  the  President  may  prescribe ; 

(2)  for  any  person  to  transport  or  attempt  to  transport  from 
or  into  the  United  States  another  person  with  knowledge  or  rea- 
sonable cause  to  believe  that  the  departure  or  entry  of  such 
other  person  is  forbidden  by  this  section ; 

(3)  for  any  person  knowingly  to  make  any  false  statement  in 
an  application  for  permission  to  depart  from  or  enter  the 
United  States  with  intent  to  induce  or  secure  the  granting  of 
such  permission  either  for  himself  or  for  another ; 

(4)  for  any  person  knowingly  to  furnish  or  attempt  to  fur- 
nish or  assist  in  furnishing  to  another  a  permit  or  evidence  of 
permission  to  depart  or  enter  not  issued  and  designed  for  such 
other  person's  use; 

(5)  for  any  person  knowingly  to  use  or  attempt  to  use  any 
permit  or  evidence  of  permission  to  depart  or  enter  not  issued 
and  designed  for  his  use; 

(6)  for  any  person  to  forge,  counterfeit,  mutilate,  or  alter,  or 
cause  or  procure  to  be  forged,  counterfeited,  mutilated,  or 
altered,  any  permit  or  evidence  of  permission  to  depart  from  or 
enter  the  United  States; 

(7)  for  any  persons  knowingly  to  use  or  attempt  to  use  or 
furnish  to  another  for  use  any  false,  forged,  counterfeited,  muti- 
lated, or  altered  permit,  or  evidence  of  permission,  or  any 
permit  or  evidence  of  permission  which,  though  originally  valid, 
has  become  or  been  made  void  or  invalid. 

(b)  Citizens. 

After  such  proclamation  as  is  provided  for  in  subsection  (a)  of 
this  section  has  been  made  and  published  and  while  such  proclama- 
tion is  in  force,  it  shall,  except  as  otherwise  provided  by  the  Presi- 
dent, and  subject  to  such  limitations  and  exceptions  as  the  President 
may  authorize  and  prescribe,  be  unlawful  for  any  citizen  of  the 
United  States  to  depart  from  or  enter,  or  attempt  to  depart  from  or 
enter,  the  United  States  unless  he  bears  a  valid  passport. 

(c)  Penalties. 

Any  person  who  shall  willfully  violate  any  of  the  provisions  of 
this  section,  or  of  any  order  or  proclamation  of  the  President  pro- 
mulgated, or  of  any  permit,  rule,  or  regulation  issued  thereunder, 
shall,  upon  conviction,  be  fined  not  more  than  $5,000,  or,  if  a  natural 
person,  imprisoned  for  not  more  than  five  years,  or  both;  and  the 
officer,  director,  or  agent  of  any  corporation  who  knowingly  partici- 
pates in  such  violation  shall  be  punished  by  like  fine  or  imprison- 
ment, or  both;  and  any  vehicle,  vessel,  or  aircraft  together  with  its 
appurtenances,  equipment,  tackle,  apparel,  and  furniture  concerned 
in  any  such  violation,  shall  be  forfeited  to  the  United  States. 

(d)  Definitions. 

The  term  "United  States''  as  used  in  this  section  includes  the 
Canal  Zone,  and  all  territory  and  waters,  continental  or  insular,  sub- 
ject to  the  jurisdiction  of  the  United  States.  The  term  "person"  as 
used  in  this  section  shall  be  deemed  to  mean  any  individual,  partner- 

[Empbasis  supplied.] 


84 


ship,  association,  company,  or  other  incorporated  body  of  individu- 
als, or  corporation,  or  body  politic. 

(e)  Nonadmission  of  certain  aliens. 

Nothing  in  this  section  shall  be  construed  to  entitle  an  alien  to 
whom  a  permit  to  enter  the  United  States  has  been  issued  to  enter 
the  United  States,  if,  upon  arrival  in  the  United  States,  he  is  found 
to  be  inadmissible  under  any  of  the  provisions  of  this  chapter,  or 
any  other  law,  relative  to  the  entry  of  aliens  into  the  United  States. 

(f )  Revocation  of  proclamation  as  affecting  penalties. 

The  revocation  of  any  proclamation,  rule,  regulation,  or  order 
issued  in  pursuance  of  this  section  shall  not  prevent  prosecution  for 
any  offense  committed,  or  the  imposition  of  any  penalties  or  forfeit- 
ures, liability  for  which  was  incurred  under  this  section  prior  to  the 
revocation  of  such  proclamation,  rule,  regulation,  or  order. 

(g)  Permits  to  enter. 

Passports,  visas,  reentry  permits,  and  other  documents  required 
for  entry  under  this  chapter  may  be  considered  as  permits  to  enter 
for  the  purposes  of  this  section.  (June  27,  1952,  ch.  477,  title  II,  ch. 
2,  §  215,  66  Stat.  190.) 

—NOTE— 


Excerpt  from  Hottse  Reft.  485,  65th  Cong.,  2d  Sess.  (1917) 

The  bill  is  intended  to  stop  an  important  gap  in  the  war 
legislation  of  the  United  States.  When  the  war  began  in 
1914  the  necessity  of  controlling  foreign  travel  was  immedi- 
ately recognized  by  the  belligerents  and  all  adopted  strin- 
gent systems  of  regulation.  It  is  a  matter  of  common  knowl- 
edge that  Germany  has  from  time  to  time  closed  her 
borders  entirely.  As  soon  as  this  country  entered  the  war 
the  President  provided  by  regulations  9  and  10  of  this  proc- 
lamation of  April  6,  1917,  that  German  alien  enemies 
might  not  enter  or  leave  the  United  States  without  securing 
permission.  When  war  was  declared  against  Austria-Hun- 
gary similar  regulations  were  promulgated  concerning  Aus- 
tro-Hungarian  alien  enemies. 

This  measure  of  limitation  of  foreign  travel  was  far  from 
sufficient.  To  begin  with  it  left  unaffected  journeys  by 
women  of  enemy  nationality.  Such  journeys  are  now  par- 
tially restrained  by  section  3(6)  of  the  Trading  With  the 
Enemy  Act.  Even  this  act  leaves  American  citizens  and  neu- 
trals perfectly  free  to  come  and  go.  No  argument  is  neces- 
sary to  indicate  the  probability  that  Germany  will  wherever 
possible  employ  renegade  Americans  or  neutrals  as  her 
agents  instead  of  employing  Germans  about  whom  suspicion 
would  easily  be  excited.  The  danger  of  the  transference  of 
important  military  information  causes  the  Government 
great  anxiety,  particularly  as  the  Attorney  General  has  for- 
mally ruled  that  neither  the  President  nor  the  executive 
departments  have  power  to  curb  the  general  departure  and 
entry  of  travelers. 

[Emphasis  supplied.] 


85 


8  U.S.C.  1440.  Naturalization  through  active-duty  service  in  the 

ARMED  FORCES  DURING  WORLD  WaB  I,  WORLD  WAR  II,  KOREAN  HOS- 
TILITIES, Vietnam  hostilities,  or  other  periods  op  military  hos- 

TILITES 

(a)  Requirements. 

Any  person  who,  while  an  alien  or  a  noncitizen  national  of  the 
United  States,  has  served  honorably  in  an  active-duty  status  in  the 
military,  air,  or  naval  forces  of  the  United  States  during  either 
World  War  I  or  during  a  period  beginning  September  1,  1939,  and 
ending  December  31,  1946,  or  during  a  period  beginning  June  25, 
1950,  and  ending  July  1,  1955,  or  during  a  period  beginning  Febru- 
ary 28,  1961,  and  ending  on  a  date  designated  by  the  President  by 
Executive  order  as  of  the  date  of  termination  of  the  Vietnam  hostil- 
ities, or  thereafter  during  amy  other  period  which  the  President  by 
Executive  order  shall  designate  as  a  period  in  which  Armed  Forces 
of  the  United  States  are  or  were  engaged  in  military  operations 
involving  armed  conflict  with  a  hostUe  foreign  force,  and  who,  if 
separated  from  such  service,  was  separated  under  honorable  condi- 
tions, may  be  naturalized  as  provided  in  this  section  if  (1)  at  the 
time  of  enlistment  or  induction  such  person  shall  have  been  in  the 
United  States,  the  Canal  Zone,  American  Samoa,  or  Swains  Island, 
whether  or  not  he  has  been  lawfully  admitted  to  the  United  States 
for  permanent  residence,  or  (2)  at  any  time  subsequent  to  enlistment 
or  induction  such  person  shall  have  been  lawfully  admitted  to  the 
United  States  for  permanent  residence.  The  executive  department 
under  which  such  person  served  shall  determine  whether  persons 
have  served  honorably  in  an  active-duty  status,  and  whether  separa- 
tion from  such  service  was  under  honorable  conditions:  Provided, 
however,  That  no  person  who  is  or  has  been  separated  from  such 
service  on  account  of  alienage,  or  who  was  a  conscientious  objector 
Who  performed  no  military,  air,  or  naval  duty  whatever  or  refused 
to  wear  the  uniform,  shall  be  regarded  as  having  served  honorably 
or  having  been  separated  under  honorable  conditions  for  the  pur- 

Eoses  of  this  section.  No  period  of  service  in  the  Armed  Forces  shall 
e  made  the  basis  of  a  petition  for  naturalization  under  this  section 
if  the  applicant  has  previously  been  naturalized  on  the  basis  of  the 
same  period  of  service. 

(b)  Exceptions. 

A  person  filing  a  petition  under  subsection  (a)  of  this  section 
shall  comply  in  all  other  respects  with  the  requirements  of  this  sub- 
chapter, except  that — 

(1)  he  may  be  naturalized  regardless  of  age,  and  notwith- 
standing the  provisions  of  section  1429  of  this  title  as  they 
relate  to  deportability  and  the  provisions  of  section  1442  of  this 
title; 

(2)  no  period  of  residence  or  specified  period  of  physical 
presence  within  the  United  States  or  any  State  shall  be 
required ; 

(3)  the  petition  for  naturalization  may  be  filed  in  any  court 
having  naturalization  jurisdiction  regardless  of  the  residence  of 
the  petitioner; 

[Emphasis  supplied.] 


86 


(4)  service  in  the  military,  air  or  naval  forces  of  the  United 
States  shall  be  proved  by  a  duly  authenticated  certification  from 
the  executive  department  under  which  the  petitioner  served  or  is 
serving,  which  shall  state  whether  the  petitioner  served  honora- 
bly in  an  active-duty  status  during  either  World  War  I  or 
during  a  period  beginning  September  1,  1939,  and  ending 
December  31,  1946,  or  during  a  period  beginning  June  25,  1950, 
and  ending  July  1,  1955,  or  during  a  period  beginning  February 
28,  1961,  and  ending  on  a  date  designated  by  the  President  by 
Executive  order  as  the  date  of  termination  of  the  Vietnam  hos- 
tilities, or  thereafter  during  any  other  period  which  the  Presi- 
dent by  Executive  order  shall  designate  as  a  period  in_  which 
Armed  Forces  of  the  United  States  are  or  were  engaged  in  mili- 
tary operations  involving  armed  conflict  with  a  hostile  foreign 
force,  and  was  separated  from  such  service  under  honorable  con- 
ditions; and 

(5)  notwithstanding  section  1447  (c)  of  this  title,  the  peti- 
tioner may  be  naturalized  immediately  if  prior  to  the  filing  of 
the  petition  the  petitioner  and  the  witnesses  shall  have  appeared 
before  and  been  examined  by  a  representative  of  the  Service. 

(c)  Revocation. 

Citizenship  granted  pursuant  to  this  section  may  be  revoked  in 
accordance  with  section  1451  of  this  title  if  at  any  time  subsequent 
to  naturalization  the  person  is  separated  from  the  military,  air,  or 
naval  forces  under  other  than  honorable  conditions,  and  such  ground 
for  revocation  shall  be  in  addition  to  any  other  provided  by  law. 
The  fact  that  the  naturalized  person  was  separated  from  the  service 
under  other  than  honorable  conditions  shall  be  proved  by  a  duly 
authenticated  certification  from  the  executive  department  under 
which  the  person  was  serving  at  the  time  of  separation. 

(d)  Applicability  of  petitions  filed  prior  to  January  1, 1947. 

The  eligibility  for  naturalization  of  any  person  who  filed  a  peti- 
tion for  naturalization  prior  to  January  1,  1947,  under  section  701  of 
the  Nationality  Act  of  1940,  as  amended  (56  Stat.  182,  58  Stat.  886, 
59  Stat.  658),  and  which  is  still  pending  on  the  effective  date  of  this 
chapter,  shall  be  determined  in  accordance  with  the  provisions  of 
this  section.  (June  27,  1952,  ch.  477,  title  III,  ch.  2,  §  329,  66  Stat. 
250;  Sept.  26,  1961,  Pub.  L.  87-301,  §  8,  75  Stat.  654;  Oct.  24,  1968, 
Pub.  L.  90-633,  §§  1,  2,  6,  82  Stat.  1343,  1344.) 


8  TJ.S.C.  1440e.  Exemption  from  naturalization  fees  for  aliens 

NATURALIZED  THROUGH  SERVICE  DURING  VIETNAM  HOSTILITIES  OR 
OTHER  SUBSEQUENT  PERIOD  OF  MILITARY  HOSTILITIES;  REPORT  BY 
CLERKS  OF  COURTS  TO  ATTORNEY  GENERAL 

Notwithstanding  any  other  provision  of  law,  no  clerk  of  a  United 
States  court  shall  charge  or  collect  a  naturalization  fee  from  an 
alien  who  has  served  in  the  military,  air,  or  naval  forces  of  the 
United  States  during  a  period  beginning  February  28,  1961,  and 
ending  on  the  date  designated  by  the  President  by  Executive  order  as 

[Emphasis  supplied.] 


87 


the  date  of  termination  of  the  Vietnam  hostilities,  or  thereafter 
during  any  other  period  which  the  President  by  Executive  order 
shall  designate  as  a  period  in  which  Armed  Forces  of  the  United 
States  are  or  were  engaged  in  military  operations  involving  armed 
conflict  with  a  hostile  foreign  force,  and  who  is  applying  for  natu- 
ralization during  such  periods  under  section  1440  of  this  title,  for 
filing  a  petition  for  naturalization  or  issuing  a  certificate  of  natural- 
ization upon  his  admission  to  citizenship,  and  no  clerk  of  any  State 
court  shall  charge  or  collect  any  fee  for  such  services  unless  the  laws 
of  the  State  require  such  charge  to  be  made,  in  which  case  nothing 
more  than  the  portion  of  the  fee  required  to  be  paid  to  the  State 
shall  be  charged  or  collected.  A  report  of  all  transactions  under  this 
section  shall  be  made  to  the  Attorney  General  as  in  the  case  of  other 
reports  required  of  clerks  of  courts  by  this  subchapter.  (Pub.  L. 
90-633,  §  3,  Oct.  24,  1968,  82  Stat.  1344.) 

— N  O  T  E — 

Excerpt  from  House  Reft.  1968,  90th  Cong.,  2d  Sess.  (1968) 

.  .  .  This  section  represents  a  long  legislative  history 
which  has  made  service  during  prescribed  periods  the  sole 
criterion  for  eligibility  without  regard  to  the  areas  in  which 
the  service  may  have  been  performed.  The  House  conferees 
recognized  and  agreed  that  a  serviceman's  availability  for 
assignment  to  a  combat  zone  is  ever  present  and  that  serv- 
icemen serving  during  the  period  of  the  Vietnam  hostilities 
are  no  less  deserving  of  such  special  naturalization  privi- 
leges than  those  who  served  during  World  War  I,  World 
War  II,  or  the  Korean  conflict.  Furthermore,  limiting  the 
special  benefits  to  members  of  the  Armed  Forces  serving  in 
defined  combatant  areas  will  lead  to  uncertainty  and  become 
a  question  of  fact  in  each  case  whether  the  serviceman  has 
served  hi  such  an  area. 


8  U.S.C.  1442.  Alien  enemies 

(a)  Naturalization  under  specified  conditions. 

An  alien  who  is  a  native,  citizen,  subject,  or  denizen  of  any  coun- 
try, state,  or  sovereignty  with  which  the  United  States  is  at  war 
may,  after  his  loyalty  has  been  fully  established  upon  investigation 
by  the  Attorney  General,  be  naturalized  as  a  citizen  of  the  United 
States  if  such  alien's  petition  for  naturalization  shall  be  pending  at 
the  beginning  of  the  state  of  war  and  the  petitioner  is  otherwise 
entitled  to  admission  to  citizenship. 

(b)  Procedure. 

An  alien  embraced  within  this  section  shall  not  have  his  petition 
for  naturalization  called  for  a  hearing,  or  heard,  except  after  ninety 
days'  notice  given  by  the  clerk  of  the  court  to  the  Attorney  General 
to  be  represented  at  the  hearing,  and  the  Attorney  General's  objec- 
tion to  such  final  hearing  shall  cause  the  petition  to  be  continued 

[Emphasis  supplied.] 


88 


from  time  to  time  for  so  long  as  the  Attorney  General  may  require. 

(c)  Exceptions  from  classification. 

The  Attorney  General  may,  in  his  discretion,  upon  investigation 
fully  establishing  the  loyalty  of  any  alien  enemy  who  did  not  have  a 
petition  for  naturalization  pending  at  the  beginning  of  the  state  of 
war,  except  such  alien  enemy  from  the  classification  of  alien  enemy 
for  the  purposes  of  this  subchapter,  and  thereupon  such  alien  shall 
have  the  privilege  of  filing  a  petition  for  naturalization. 

(d)  Effect  of  cessation  of  hostilities. 

An  alien  who  is  a  native,  citizen,  subject,  or  denizen  of  any  coun- 
try, state,  or  sovereignty  with  which  the  United  States  is  at  war 
shall  cease  to  be  an  alien  enemy  within  the  meaning  of  this  section 
upon  the  determination  by  proclamation  of  the  President,  or  by  con- 
current resolution  of  the  Congress,  that  hostilities  between  the 
United  States  and  such  country,  state,  or  sovereignty  have  ended. 
Notwithstanding  the  provisions  of  section  405  (b)  of  this  Act,  this 
subsection  shall  also  apply  to  the  case  of  any  such  alien  whose  peti- 
tion for  naturalization  was  filed  prior  to  the  effective  date  of  this 
chapter  and  which  is  still  pending  on  that  date. 

(e)  Apprehension  and  removal. 

Nothing  contained  herein  shall  be  taken  or  construed  to  interfere 
with  or  prevent  the  apprehension  and  removal,  consistent  with  law, 
or  any  alien  enemy  at  any  time  prior  to  the  actual  naturalization  of 
such  alien.  (June  27,  1952,  ch.  477,  title  III,  ch.  2,  §  331,  66  Stat. 
252.) 

—NOTE— 

Excerpt  from  House  Reft.  1365,  82d  Cong.,  2d  Sess.  (1952) 
alien  enemies 

The  bill  continues  the  provisions  of  existing  law  with  ref- 
erence to  the  naturalization  of  alien  enemies.  However, 
subsection  (e)  of  section  331  is  new,  and  provides  that  an 
alien  enemy  shall  cease  to  have  that  status  within  the  mean- 
ing of  the  section,  upon  the  determination  by  proclamation 
of  tlie  President,  or  by  concurrent  resolution  of  the  Con- 
gress, that  hostilities  between  the  United  States  and  th© 
alien's  former  country  have  ended.  This  new  provision  will 
permit  the  processing  of  petitions  for  naturalization  of 
alien  enemies  after  hostilities  have  ceased  but  before  an 
actual  treaty  has  been  ratified. 


8  U.S.C.  1481.  Loss  of  nationality  bt  native-born  or  naturalized 

CITIZEN  ;  VOLUNTARY  ACTION  J  BURDEN  OF  PROOF ;  PRESUMPTIONS 

(a)  From  and  after  the  effective  date  of  this  chapter  a  person 
who  is  a  national  of  the  United  States  whether  by  birth  or  naturali- 
zation, shall  lose  his  nationality  by 


[Emphasis  supplied.] 


89 


(10)  departing  from  or  remaining  outside  of  the  jurisdiction 
of  the  United  States  in  time  of  war  or  during  a  period  declared 
by  the  President  to  be  a  period  of  national  emergency  for  the 
purpose  of  evading  or  avoiding  training  and  service  in  the  mili- 
tary, air,  or  naval  forces  of  the  United  States.  For  the  purposes 
of  this  paragraph  failure  to  comply  with  any  provision  of  any 
compulsory  service  laws  of  the  United  States  shall  raise  the  pre- 
sumption that  the  departure  from  or  absence  from  the  United 
States  was  for  the  purpose  of  evading  or  avoiding  training  and 
service  in  the  military,  air,  or  naval  forces  of  the  United  States. 

— N  0  T  E — 

Excerpt  from  Hotjse  Reft.  1365,  82d  Cong.,  2d  Sess.  (1952) 

The  tenth  act  causing  loss  of  nationality  is  departing 
from  or  remaining  outside  of  the  United  States  in  time  of 
war  or  during  a  proclaimed  national  emergency  for  the 
purpose  of  evading  or  avoiding  training  and  service  in  the 
military,  air,  or  naval  forces.  The  bill  adds  a  provision  that 
the  failure  to  comply  with  any  provision  of  any  compulsory 
service  laws  of  the  United  States  shall  raise  the  presump- 
tion that  the  departure  from  or  absence  from  the  United 
States  was  for  the  purpose  of  evading  or  avoiding  training 
and  service. 


Title  10 — Armed  Forces 


10  U.S.C.  123.  Suspension  op  certain  provisions  op  law  relating 

TO  RESERVE  COMMISSIONED  OFFICERS 

(a)  In  time  of  war,  or  of  national  emergency  declared  by  Con- 
gress, the  President  may  suspend  the  operation  of  any  provision  of 
the  following  sections  of  this  title  with  respect  to  any  armed  force: 
281,  592,  1002,  1005,  1006,  1007,  1374,  3217,  3218,  3219,  3220,  3352(a) 
(last  sentence) ,  3353, 3354, 3359, 3360, 3362, 3363, 3364, 3365, 3366, 3367, 
3368,  3369,  3370,  3371,  3375,  3378,  3380,  3382,  3383,  3384,  3385,  3386, 
3388,  3389,  3390,  3392,  3393,  3494,  3571,  3819,  3820(c),  3843,  3844, 
3845,  3846,  3847,  3848,  3850,  3851,  3852,  3853,  3854,  3855,  5414,  5457, 
5458,  5506,  5600,  5665,  5867,  5891,  5892,  5893,  5894,  5895,  5896,  5897, 
5898,  5899,  5900,  5901,  5902,  5903,  5904,  5905,  5906,  5908,  5909,  5910, 
5911,  6391,  6397,  6398,  6403,  6410,  8217,  8218,  8219,  8353;  8354,  8358, 
8359,  8360,  8361,  8362,  8363,  8365,  8366,  8367,  8368,  8370,  8371,  8372, 
8373,  8374,  8375,  8376,  8377,  8378,  8379,  8380,  8381,  8392,  8393,  8494, 
8571,  8819,  8843,  8844,  8845,  8846,  8847,  8848,  8850,  8851,  8852,  8853, 
and  8855. 

(b)  If  a  provision  is  so  suspended,  the  Secretary  of  Defense  shall, 
before  the  end  of  that  suspension,  recommend  to  Congress  legislation 
necessary  to  adjust  the  grades  of  reserve  commissioned  officers  other 


[Emphasis  supplied.] 


90 


than  commissioned  warrant  officers.  So  far  as  practicable,  this  legis- 
lation shall  be  the  same  as  that  recommended  for  adjusting  the 
grades  of  officers  of  the  regular  component  of  the  armed  force  con- 
cerned. (Added  Pub.  L.  85-861,  §  1  (2)  (A),  Sept.  2,  1958,  72  Stat. 
1437,  and  amended  Pub.  L.  86-559,  §  1  (1),  June  30,  1960,  74  Stat. 
264;  Pub.  L.  89-718,  §  1,  Nov.  2,  1966,  80  Stat.  1115;  Pub.  L. 
90-130,  §  1(1),  Nov.  8,  1967,  81  Stat.  374.) 

(b)  Notwithstanding  subsection  (a),  if  the  President  determines  it 
to  be  necessary  became  of  hostilities  or  an  imminent  threat  of  hostil- 
ities, any  function,  power,  or  duty,  including  one  assigned  to  the 
Army,  Navy,  Air  Force,  or  Marine  Corps  by  section  3062(b),  5012, 
5013,  or  8062(c)  of  this  title,  may  be  transferred,  reassigned,  or  con- 
solidated. The  transfer,  reassignment,  or  consolidation  remains  in 
effect  until  the  President  determines  that  hostilities  have  terminated 
or  that  there  is  no  longer  an  imminent  threat  of  hostilities,  as  the 
case  may  be. 

(c)  Notwithstanding  subsection  (a),  the  Secretary  of  Defense  may 
assign  or  reassign  the  development  and  operational  use  of  new  weap- 
ons or  weapons  systems  to  one  or  more  of  the  military  departments 
or  one  or  more  of  the  armed  forces.  However,  notwithstanding  any 
other  provision  of  this  title  or  any  other  law,  the  Secretary  of 
Defense  shall  not  direct  or  approve  a  plan  to  initiate  or  effect  a  sub- 
stantial reduction  or  elimination  of  a  major  weapons  system  until 
the  Secretary  of  Defense  has  reported  all  the  pertinent  details  of  the 
proposed  action  to  the  Congress  of  the  United  States  while  the  Con- 
gress is  in  session. 

(d)  In  subsection  (a)(1),  "major  combatant  function,  power,  or 
duty"  does  not  include  a  supply  or  service  activity  common  to  more 
than  one  military  department.  The  Secretary  of  Defense  shall, 
whenever  he  determines  it  will  be  more  effective,  economical,  or 
efficient,  provide  for  the  performance  of  such  an  activity  by  one 
agency  or  such  other  organizations  as  he  considers  appropriate. 
(Added  Pub.  L.  87-651,  title  II,  §  201(a),  Sept.  7,  1962,  76  Stat. 
515  and  amended  Pub.  L.  89-501,  title  IV,  §  401,  July  13,  1966,  80 
Stat.  278.) 


10  U.S.C.  125.  Functions,  powers,  and  duties  :  transfer, 

REASSIGNMENT,  CONSOLIDATION ,  OR  ABOLITION 

(a)  Subject  to  section  401  of  title  50,  the  Secretary  of  Defense 
shall  take  appropriate  action  (including  the  transfer,  reassignment, 
consolidation,  or  abolition  of  any  function,  power,  or  duty)  to  pro- 
vide more  effective,  efficient,  and  economical  administration  and 
operation,  and  to  eliminate  duplication,  in  the  Department  of 
Defense.  However,  except  as  provided  by  subsections  (b)  and  (c),  a 
function,  power,  or  duty  vested  in  the  Department  of  Defense,  or  an 
officer,  official,  or  agency  thereof,  by  law  may  not  be  substantially 
transferred,  reassigned,  consolidated,  or  abolished  unless  the  Secre- 
tary reportsrthe  details  of  the  proposed  transfer,  reassignment,  con- 
solidation, or  abolition  to  the  Committees  on  Armed  Services  of  the 

(Emphasis  supplied.] 


91 


Senate  and  House  of  Representatives.  The  transfer,  reassignment, 
consolidation,  or  abolition  concerned  takes  effect  on  the  first  day 
after  the  expiration  of  the  first  30  days  that  Congress  is  in  continu- 
ous session  after  the  Secretary  so  reports,  unless  either  of  those 
Committees,  within  that  period,  reports  a  resolution  recommending 
that  the  proposed  transfer  reassignment,  consolidation,  or  abolition 
be  rejected  by  the  Senate  or  the  House  of  Representatives,  as  the 
case  may  be,  because  it— 

(1)  proposes  to  transfer,  reassign,  consolidate,  or  abolish  a 
major  combatant  function,  power,  or  duty  assigned  to  the  Army, 
Navy,  Air  Force,  or  Marine  Corps  by  section  3062(b),  5012, 
5013  or  8062(c)  of  this  title;  and 

(2)  would  in  its  judgment,  tend  to  impair  the  defense  of  the 
United  States. 

If  either  of  those  Committees,  within  that  period,  reports  such  a 
resolution  and  it  is  not  adopted  by  the  Senate  or  the  House  of  Rep- 
resentatives, as  the  case  may  be,  within  the  first  40  days  that  Con- 
gress is  in  continuous  session  after  that  resolution  is  so  reported,  the 
transfer,  reassignment,  consolidation,  or  abolition  concerned  takes 
effect  on  the  first  day  after  the  expiration  of  that  forty-day  period. 
For  the  purposes  of  this  subsection,  a  session  may  be  considered  as 
not  continuous  only  if  broken  by  an  adjournment  of  Congress  sine 
die.  However,  in  computing  the  period  that  Congress  is  in  continu- 
ous session,  days  that  the  Senate  or  the  House  of  Representatives  is 
not  in  session  because  of  an  adjournment  of  more  than  three  days  to 
a  day  certain  are  not  counted. 


10  U.S.C.  142.  Chairman 

(a)  The  Chairman  of  the  Joint  Chiefs  of  Staff  shall  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
from  the  officers  of  the  regular  components  of  the  armed  forces.  He 
serves  at  the  pleasure  of  the  President  for  a  term  of  two  years,  and 
may  be  reappointed  in  the  same  manner  for  one  additional  term. 
However,  in  time  of  war  declared  by  Congress  there  is  no  limit  on 
the  number  of  reappointments. 

(b)  In  addition  to  his  other  duties  as  a  member  of  the  Joint 
Chiefs  of  Staff,  the  Chairman  shall,  subject  to  the  authority  and 
direction  of  the  President  and  the  Secretary  of  Defense — 

(1)  preside  over  the  Joint  Chiefs  of  Staff; 

(2)  provide  agenda  for  the  meetings  of  the  Joint  Chiefs  of 
Staff  and  assist  them  in  carrying  on  their  business  as  promptly 
as  practicable ;  and 

(3)  inform  the  Secretary  of  Defense,  and,  when  the  President 
or  the  Secretary  of  Defense  considers  it  appropriate,  the  Presi- 
dent, of  those  issues  upon  which  the  Joint  Chiefs  of  Staff  have 
not  agreed. 

(c)  While  holding  office,  the  Chairman  outranks  all  other  officers 
of  the  armed  forces.  However,  he  may  not  exercise  military  com- 

I Emphasis  supplied.] 


92 


mand  over  the  Joint  Chiefs  of  Staff  or  any  of  the  armed  forces. 
(Aug.  10,  1956,  oh.  1041,  70A  Stat.  7;  Sept.  7,  1962,  Pub.  L.  87-649, 
§  14c(l),  76  Stat.  501.)  


10  U.S.C.  143.  Joint  Staff 

(a)  There  is  under  the  Joint  Chiefs  of  Staff  a  Joint  Staff  consist- 
ing of  not  more  than  400  officers  selected  by  the  Joint  Chiefs  of 
Staff  with  the  approval  of  the  Chairman.  The  Joint  Staff  shall  be 
selected  in  approximately  equal  numbers  from — 

( 1 )  the  Army ; 

(2)  the  Navy  and  the  Marine  Corps ;  and 

(3)  the  Air  Force. 

The  tenure  of  the  members  of  the  Joint  Staff  is  subject  to  the 
approval  of  the  Chairman  of  the  Joint  Chiefs  of  Staff,  and  except 
in  time  of  war,  no  such  tenure  of  duty  may  be  more  than  three 
years.  Except  in  time  of  war,  officers  completing  a  tour  of  duty  with 
the  Joint  Staff  may  not  be  reassigned  to  the  Joint  Staff  for  a  period 
of  not  less  than  three  years  following  their  previous  tour  of  duty  on 
the  Joint  Staff  except  that  selected  officers  may  be  recalled  to  Joint 
Staff  duty  in  less  than  three  years  with  the  approval  of  the  Secre- 
tary of  Defense  in  each  case.  The  number  of  such  officers  recalled  to 
Joint  Staff  duty  in  less  than  three  years  shall  not  exceed  30  serving 
on  the  Joint  Staff  at  any  one  time. 

(b)  The  Chairman  of  the  Joint  Chiefs  of  Staff  in  consultation 
with  the  Joint  Chiefs  of  Staff,  and  with  the  approval  of  the  Secre- 
tary of  Defense,  shall  select  the  Director  of  the  Joint  Staff.  Except 
in  time  of  war,  the  tour  of  duty  of  the  Director  may  not  exceed 
three  years.  Upon  the  completion  of  a  tour  of  duty  as  Director  of 
the  Joint  Staff,  the  Director,  except  in  time  of  war,  may  not  be  reas- 
signed to  the  Joint  Staff.  The  Director  must  be  an  officer  junior  in 
grade  to  each  member  of  the  Joint  Chiefs  of  Staff. 

(c)  The  Joint  Staff  shall  perform  such  duties  as  the  Joint  Chiefs 
of  Staff  or  the  Chairman  prescribes.  The  Chairman  of  the  Joint 
Chiefs  of  Staff  manages  the  Joint  Staff  and  its  Director,  on  behalf 
of  the  Joint  Chiefs  of  Staff. 

(d)  The  Joint  Staff  shall  not  operate  or  be  organized  as  an  over- 
all Armed  Forces  General  Staff  and  shall  have  no  executive  author- 
ity. The  Joint  Staff  may  be  organized  and  may  operate  along  con- 
ventional staff  lines  to  support  the  Joint  Chiefs  of  Staff  in 
discharging  their  assigned  responsibilities.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  7;  Aug.  6, 1958,  Pub.  L.  85-599,  §  5  (a),  72  Stat.  517.) 

—NOTE— 

Excerpt  from  Senate  Kept.  1876,  87th  Cong.,  2d  Sess.  (1962) 

The  proposed  legislation  will  give  the  executive  branch, 
in  clear  and  unequivocal  terms,  authority  to  accomplish  all 
that  it  has  said  it  wants  to  do.  At  the  same  time,  provision 
[Emphasis  supplied.] 


93 


is  made  for  Congress  to  retain  and  exercise  the  responsibil- 
ities imposed  upon  it  by  the  Constitution. 

******* 
The  policy  provision  of  existing  law  and  the  proposed 
legislation  states  that  the  military  departments  are  not  to  be 
merged.  All  witnesses  appearing  before  the  committee,  and 
the  President,  have  stated  that  the  military  departments 
should  not  be  merged.  Great  emphasis  has  been  placed  on 
the  efficiency  of  decentralization  in  an  organization  of  this 
magnitude. 

******* 
Finally,  it  should  be  noted  that  the  proposed  section  3 
gives  the  President  full  and  absolute  power,  without  restric- 
tions of  any  nature,  to  transfer,  reassign,  or  consolidate  any 
function  (including  combatant  functions)  in  time  of  hostili- 
ties or  imminent  threat  of  hostilities.  Upon  the  termination 
of  hostilities  or  imminent  threat  of  hostilities,  the  functions 
will  revert  to  their  former  status.  The  paragraph  of  the 
proposed  section  3  gives  the  President  unlimited  flexibility 
when  immediate  decisions  are  required.  The  President  is 
given  the  sole  authority  to  determine  when  hostilities  exist 
or  when  there  is  "imminent  threat  of  hostilities." 

— NOTE— 

Excerpt  prom  House  Reft.  1066,  82d  Cong.,  2d  Sess.  (1952) 

mission  and  purpose  of  the  reserve  components 

Generally. — The  mission  of  the  reserve  components  is  to 
provide  the  initial  forces  in  mobilization.  It  is  not  to  be 
construed  to  imply  that  the  Reserves  will  be  relieved  when 
additional  personnel  and  units  are  available,  but  that  they 
will  be  continued  on  active  duty  or  released  in  accordance 
with  the  needs  of  the  Armed  Forces  dependent  upon  the 
extent  of  the  planned  mobilization.  In  addition,  the  mission 
of  the  reserve  components  includes  the  supplying  of  person- 
nel necessary  for  enabling  the  Armed  Forces  to  attain  their 
authorized  strengths  at  other  times. 


10  U.S.C.  262.  Purpose 

The  purpose  of  each  reserve  component  is  to  provide  trained  units 
and  qualified  persons  available  for  active  duty  in  the  armed  forces, 
in  time  of  war  or  natwn-al  emergency  and  at  such  other  times  as  the 
national  security  requires,  to  fill  the  needs  of  the  armed  forces  when- 
ever, during,  and  after  the  period  needed  to  procure  and  train  addi- 
tional units  and  qualified  persons  to  achieve  the  planned  mobiliza- 
tion, more  units  and  persons  are  needed  than  are  in  the  regular 

[Emphasis  supplied.] 


94 


components.  (Aug.  10,  1956,  ch.  1041,  70A  Stat  10;  Dec.  1,  1967, 
Pub.  L.  90-168,  §  2(5),  81  Stat  521.) 


10  U.S.C.  263.  Basic  policy  for  ordeb  into  Federal  service 

Whenever  Congress  determines  that  more  units  and  organizations 
are  needed  for  the  national  security  than  are  in  the  regular  compo- 
nents of  the  ground  and  air  forces,  the  Army  National  Guard  of  the 
United  States  and  the  Air  National  Guard  of  the  United  States,  or 
such  parts  of  them  as  are  needed,  together  with  units  of  other 
reserve  components  necessary  for  a  balanced  force,  shall  be  ordered 
to  aotive  duty  and  retained  as  long  as  so  needed.  (Aug.  10,  1956,  ch. 
1041, 70A  Stat.  11.) 


Historical  and  Revision  Notes 


Revised 
section 

Source  (U.S.  Code) 

Source  (Statutes  at  Large) 

263_  _  

50:  921  (b)  (less  1st  sentence). 

July  9,  1952,  ch.  608,  §  201(b) 
(less  1st  sentence),  66  Stat.  482. 

The  words  "It  is  the  intent  of  Congress  that"  are  omitted  as  surplusage.  The 
words  "more  *  *  *  than  are  in"  are  substituted  for  the  words  "in  excess  of 
those".  The  words  "active  duty"  are  substituted  for  the  words  "active  military 
service  of  the  United  States".  The  words  "as  long  as  so  needed"  are  substi- 
tuted for  the  words  "so  long  as  such  necessity  exists". 

Presidential  Authorization  To  Order  Ready  Reserve  to  Active  Duty 

Pub.  L.  89-687,  title  I,  §  101,  Oct.  15,  1966,  80  Stat  981,  as  amended  by  Pub. 
L.  90-500,  title  III,  §  303,  Sept  20,  1968,  82  Stat.  850,  provided  that : 

"(a)  Notwithstanding  any  other  provision  of  law,  until  June  30,  1968,  the 
President  may  order  to  active  duty  any  member  of  the  Ready  Reserve  of  an 
armed  force  who — 

"(1)  is  not  assigned  to,  or  participating  satisfactorily  in,  a  unit  in  the 
Selected  Reserve,  and 

"(2)  has  not  fulfilled  his  statutory  reserve  obligation,  and 

"(3)  has  not  served  on  active  duty  or  active  duty  for  training  for  a  total  of 
twenty-four  months. 

"(b)  Notwithstanding  the  provisions  of  any  other  law,  until  June  30,  1968, 
the  President  may  order  to  active  duty  any  member  of  the  Ready  Reserve  of 
an  armed  force  who  had  become  a  member  of  a  reserve  component  prior  to 
July  1,  1966 ;  and  who 

"(1)  has  not  served  on  active  duty  or  active  duty  for  training  for  a  period 
of  one  hundred  and  twenty  days  or  more;  and 

"(2)  has  not  fulfilled  his  statutory  reserve  military  obligation. 

"(c)  A  member  ordered  to  active  duty  under  this  section  may  be  required  to 
serve  on  active  duty  until  his  total  service  on  active  duty  or  active  duty  for 
training  equals  twenty-four  months.  If  the  enlistment  or  period  of  military 
service  of  a  member  of  the  Ready  Reserve  ordered  to  active  duty  under 
subsection  (a)  or  (b)  of  this  section  would  expire  before  he  has  served  the 
required  period  of  active  duty  prescribed  herein,  his  enlistment  or  period  of 
military  service  may  be  extended  until  that  service  on  active  duty  has  been 
completed. 

[Emphasis  supplied.] 


95 


"(d)  In  order  to  achieve  fair  treatment  as  between  members  in  the  Ready 
Reserve  who  are  being  considered  for  active  duty  under  this  section,  appropri- 
ate consideration  shall  be  given  to — 

"(1)  family  responsibilities;  and 

"(2)  employment  necessary  to  maintain  the  national  health,  safety,  or 
interest. 

"(e)  Notwithstanding  any  other  provision  of  law,  until  June  30,  1969,  the 
President  may,  when  he  deems  it  necessary,  order  to  active  duty  any  unit  of 
the  Ready  Reserve  of  an  armed  force  for  a  period  of  not  to  exceed  twenty- 
four  months." 

Pub.  L.  87-736,  Oct.  3.  1962,  76  Stat  710,  authorized  the  President,  until 
February  28,  1963,  to  order  any  unit,  and  any  member  of  the  Ready  Reserve 
of  an  armed  force  to  active  duty  for  not  more  than  twelve  consecutive  months. 

Pub.  L.  87-117,  Aug.  1,  1961,  75  Stat.  242,  authorized  tile  President,  until 
July  1.  1962,  to  order  any  unit,  and  any  member  not  assigned  to  a  unit  orga- 
nized to  serve  as  a  unit,  in  the  Ready  Reserve  of  an  armed  force  to  active 
duty  for  not  more  than  twelve  consecutive  months. 


10  U.S.C.  269.  Ready  Reserve:  placement  in;  transfer  from 

(a)  Each  person  required  under  law  to  serve  in  a  reserve  compo- 
nent shall,  upon  becoming  a  member,  be  placed  in  the  Ready  Reserve 
•of  his  armed  force  for  his  prescribed  term  of  service,  unless  he  is  eli- 
gible to  transfer  to  the  Standby  Reserve  under  subsection  (e) . 

(b)  The  units  and  members  of  the  Army  National  Guard  of  the 
United  States  and  of  the  Air  National  Guard  of  the  United  States 
are  in  the  Ready  Reserve  of  the  Army  and  the  Ready  Reserve  of  the 
Air  Force,  respectively. 

(c)  All  Reserves  assigned  to  units  organized  to  serve  as  units  and 
designated  as  units  in  the  Ready  Reserve  are  in  the  Ready  Reserve. 

(d)  Under  such  regulations  as  the  Secretary  concerned  may  pre- 
scribe, any  qualified  Reserve  may,  upon  his  request,  be  placed  in  the 
Ready  Reserve.  However,  a  member  of  the  Retired  Reserve  who  is 
entitled  to  retired  pay  may  not  be  placed  in  the  Ready  Reserve 
unless  the  Secretary  concerned  makes  a  special  finding  that  the 
member's  services  in  the  Ready  Reserve  are  indispensable.  The  Sec- 
retary concerned  may  not  delegate  his  authority  under  the  preceding 
sentence : 

(e)  Except  in  time  of  tear  or  of  national  emergency  declared  by 
Congress,  a  Reserve  who  is  not  on  active  duty,  or  who  is  on  active 
duty  for  training,  shall,  upon  his  request,  be  transferred  to  the 
;  Standby  Reserve  for  the  rest  of  his  term  of  service,  if — 

(1)  he  served  on  active  duty  (other  than  for  training)  in  the 
armed  forces  for  an  aggregate  of  at  least  five  years ;  or 

(2)  he  served  on  active  duty  (other  than  for  training)  in  the 
armed  forces  for  an  aggregate  of  less  than  five  years,  but  satis- 
factorily participated,  as  determined  by  the  Secretary  con- 
cerned, in  an  accredited  training  program  in  the  Ready  Reserve 
for  a  period  which,  when  added  to  his  period  of  active  duty 
(other  than  for  training),  totals  at  least  five  years,  or  such 
shorter  period  as  the  Secretary  concerned,  with  the  approval  of 
the  Secretary  of  Defense  in  the  case  of  a  Secretary  of  a  military 

i [Emphasis  supplied.] 


96 


department,  may  prescribe  for  satisfactory  participation  in  an 
accredited  training  program  designated  by  the  Secretary  con- 
cerned. 

This  subsection  does  not  apply  to  a  member  of  the  Ready  Reserve 
while  he  is  serving  under  an  agreement  to  remain  in  the  Ready 
Reserve  for  a  stated  period. 

(f)  Subject  to  subsection  (g),  a  member  in  the  Ready  Reserve 
may  be  transferred  to  the  Standby  Reserve  or,  if  he  is  qualified  and 
so  requests,  to  the  Retired  Reserve,  under  such  regulations  as  the 
Secretary  concerned,  with  the  approval  of  the  Secretary  of  Defense 
in  the  case  of  a  Secretary  of  a  military  department,  may  prescribe. 

(g)  A  member  of  the  Army  National  Guard  of  the  United  States 
or  the  Air  National  Guard  of  the  United  States  may  be  transferred 
to  the  Standby  Reserve  only  with  the  consent  of  the  governor  or 
other  appropriate  authority  of  the  State  or  Territory,  Puerto  Rico, 
the  Canal  Zone,  or  the  District  of  Columbia,  whichever  is  concerned. 
(Aug.  10,  1956,  ch.  1041,  70A  Stat.  12;  Sept.  2,  1958,  Pub.  L. 
85-861,  §  1  (4),  72  Stat.  1437;  June  30,  1960,  Pub.  L.  86-599,  §  1 
(2)  (A),  74  Stat.  264;  Dec.  1, 1967,  Pub.  L.  90-168,  §  2  (9),  81  Stat. 
522.) 


10  U.S.C.  271.  Ready  Reserve  :  continuous  screening 

Under  regulations  to  be  prescribed  by  the  President,  each  armed 
force  shall  provide  a  system  of  continuous  screening  of  units  and 
members  of  the  Ready  Reserve  to  insure  that — 

(1)  there  will  be  no  significance  attrition  of  those  members  or 
units  during  a  mobilization ; 

(2)  there  is  a  proper  balance  of  military  skills; 

(3)  except  for  those  with  military  skills  for  which  there  is  an 
overriding  requirement,  members  having  critical  civilian  skills 
are  not  retained  in  numbers  beyond  the  need  for  those  skills; 

(4)  with  due  regard  to  national  security  and  military  require- 
ments, recognition  will  be  given  to  participation  in  combat;  and 

(5)  members  whose  mobilization  in  an  emergency  would 


retained  in  the  Ready  Reserve. 
(Added  Pub.  L.  85-861,  §  1  (5)   (A),  Sept.  2,  1958,  72  Stat. 


10  U.S.C.  331.  Federal  add  for  State  governments 

Whenever  there  is  an  insurrection  in  any  State  against  its  govern- 
ment, the  President  may,  upon  the  request  of  its  legislature  or  of  its 
governor  if  the  legislature  cannot  be  convened,  call  into  Federal 
service  such  of  the  militia  of  the  other  States,  in  the  number 
requested  by  that  State,  and  use  such  of  the  armed  forces,  as  he  con- 
siders necessary  to  suppress  the  insurrection.  (Aug.  10,  1956,  ch. 


result  in  an  extreme  personal 


1041,  70A  Stat.  15.) 


[Emphasis  supplied.] 


97 


10  U.S.C.  332.  Use  of  militia  and  armed  forces  to  enforce 
Federal  authority 

Whenever  the  President  considers  that  unlawful  obstructions, 
combinations,  or  assemblages,  or  rebellion  against  the  authority  of 
the  United  States,  make  it  impracticable  to  enforce  the  laws  of  the 
United  States  in  any  State  or  Territory  by  the  ordinary  course  of 
judicial  proceedings,  he  may  call  into  Federal  service  such  of  the 
militia  of  any  State,  and  use  such  of  the  armed  forces,  as  he  consid- 
ers necessary  to  enforce  those  laws  or  to  suppress  the  rebellion. 
(Aug.  10, 1956,  ch.  1041,  70A  Stat.  15.) 


10  U.S.C.  333.  Interference  with  State  and  Federal  law 

The  President,  by  using  the  militia  or  the  armed  forces,  or  both, 
or  by  any  other  means,  shall  take  such  measures  as  he  considers 
necessary  to  suppress,  in  a  State,  any  insurrection,  domestic  violence, 
unlawful  combination,  or  conspiracy,  if  it — 

(1)  so  hinders  the  execution  of  the  laws  of  that  State,  and  of 
the  United  States  within  the  State,  that  any  part  or  class  of  its 
people  is  deprived  of  a  right,  privilege,  immunity,  or  protection 
named  in  the  Constitution  and  secured  by  law,  and  the  consti- 
tuted authorities  of  that  State  are  unable,  fail,  or  refuse  to  pro- 
tect that  right,  privilege,  or  immunity,  or  to  give  that  protec- 
tion ;  or 

(2)  opposes  or  obstructs  the  execution  of  the  laws  of  the 
United  States  or  impedes  the  course  of  justice  under  those  laws. 

In  any  situation  covered  by  clause  (1),  the  State  shall  be  consid- 
ered to  have  denied  the  equal  protection  of  the  laws  secured  by  the 
Constitution.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  15.) 


10  U.S.C.  334.  Proclamation  to  disperse 

Whenever  the  President  considers  it  necessary  to  use  the  militia  or 
the  armed  forces  under  this  chapter,  he  shall,  by  proclamation, 
immediately  order  the  insurgents  to  disperse  and  retire  peaceably  to 
their  abodes  within  a  limited  time.  (Aug.  10,  1956,  ch.  1041,  70A 
Stat.  16.) 


10  U.S.C.  351.  During  war  or  threat  to  national  security 

(a)  The  President,  through  any  agency  of  the  Department  of 
Defense  designated  by  him,  may  arm,  have  armed,  or  allow  to  be 
armed,  any  watercraft  or  aircraft  that  is  capable  of  being  used  as  a 
means  of  transportation  on,  over,  or  under  water,  and  is  docu- 
mented, registered,  or  licensed  under  the  laws  of  the  United  States. 

[Emphasis  supplied.] 


98 


(b)  This  section  applies  during  a  war  and  at  any  other  time  when 
the  President  determines  that  the  security  of  the  United  States  is 
threatened  by  the  application,  or  the  imminent  danger  of  applica- 
tion, of  physical  force  by  any  foreign  government  or  agency  against 
the  United  States,  its  citizens,  the  property  of  its  citizens,  or  their 
commercial  interests. 

(c)  Section  463  of  title  22  does  not  apply  to  vessels  armed  under 
this  section.  (  Aug.  10, 1956,  ch.  1041,  70A  Stat.  16.) 


10  U.S.C.  506.  Regular  components  :  extension  of  enlistments 

DURING  WAR 


An  enlistment  in  the  Regular  Army,  Regular  Navy,  Regular  Air 
Force,  Regular  Marine  Corps,  or  Regular  Coast  Guard  in  effect  at 
the  beginning  of  a  war,  or  entered  into  during  a  war,  unless  sooner 
terminated  by  the  President,  continues  in  effect  until  six  months 
after  the  termination  of  that  war.  (Added  Pub.  L.  90-235,  § 
2(a)  (1)  (B),  Jan.  2, 1968,  81  Stat.  754.) 

— N  0  T  E — 


Excerpt  from  House  Reft.  868,  90th  Cong..  2d  Sess.  (1968) 

While  the  bill  is  not  designed  to  make  substantive 
changes  in  the  law,  one  substantive  change  is  made  concern- 
ing authority  for  involuntary  extension  of  enlistments  and 
other  periods  of  active  duty.  The  change  is  proposed  to 
tighten  up  congressional  authority  and  control  in  this  area. 

The  Secretary  of  the  Navy,  under  present  law,  has  discre- 
tionary authority  in  time  of  war  or  in  time  of  national 
emergency  to  extend  enlistments  involuntarily  "for  such 
periods  as  he  considers  necessary."  The  Navy  Secretary 
used  this  authority  to  extend  enlistments  in  1965  for  X 
months  using  the  authority  of  the  Korean  war  national 
emergency  which  was  declared  in  December  1950.  and  is 
still  in  effect.  The  Secretaries  of  the  Army  and  the  Air 
Force,  by  contrast,  do  not  have  this  national  emergency 
authority  to  extend  enlistments;  their  powers  are  limited  to 
periods  of  war. 

As  originally  submitted  by  the  Department  of  Defense, 
the  bill  would  have  made  the  discretionary  authority  of  the 
Secretary  of  the  Navy  available  to  all  of  the  services.  After 
consultation  with  the  Committee  on  Armed  Services,  the 
Department  of  Defense  agreed  to  having  the  bill  revised  so 
as  to  eliminate  the  discretionary  authority  of  the  Navy  Sec- 
retary and  to  apply  to  all  of  the  service  Secretaries  a  sec- 
tion of  law  limiting  their  power  to  involuntarily  extend 
service  to  periods  of  war.  The  committee  strongly  feels  that 
for  anything  short  of  war,  service  should  not  be  'involuntar- 
ily extended  while  Congress  is  still  in  session  without  action 
[Emphasis  supplied.] 


99 


of  the  Congress.  It  should  be  noted  that  in  the  past  when  it 
was  felt  extension  authority  was  required  in  identical 
periods  for  the  Army  and  the  Air  Force,  the  Congress  read- 
ily provided  such  authority,  as  in  the  Berlin  and  Cuban 
crises. 

The  committee  recognized,  however,  that  there  was  a  gap 
in  the  law  in  that  there  would  be  no  authority  in  those 
extreme  emergencies  when  Congress  is  not  in  session.  There 
was  included  in  the  bill,  therefore,  a  new  section,  section 
671b,  which  authorises  the  President,  when  he  determines 
the  national  interest  so  requires,  to  extend  enlistments  or 
other  periods  of  active  duty  when  Congress  is  not  in  ses- 
sion, having  adjourned  sine  die,  if  such  enlistments  or 
periods  of  active  duty  are  due  to  expire  before  the  30th  day 
after  the  Congress  next  convenes  or  reconvenes.  The  com- 
mittee emphasizes  that  such  authority  is  only  granted  when 
Congress  is  out  of  session  and  only  affects  enlistments  of 
periods  of  service  that  expire  either  before  Congress  returns 
or  within  30  days  after  Congress  returns.  The  provision, 
therefore,  is  meant  to  fill  a  gap  in  the  law  and  to  apply 
only  in  cases  of  extreme  emergency.  Extensions  under  this 
provision  could  not  be  for  more  than  6  months  and  in  no 
case  could  they  run  beyond  60  days  after  the  Congress  next 
convenes  or  reconvenes. 


10  TJ.S.C.  511.  Reserve  components:  terms 

(a)  Except  as  otherwise  prescribed  by  law,  enlistments  as 
Reserves  are  for  terms  prescribed  by  the  Secretary  concerned.  How- 
ever, an  enlistment  that  is  in  effect  at  the  beginning  of  a  war  or  of  a 
national  emergency  declared  by  Congress,  or  entered  into  during 
such  a  war  or  emergency,  and  that  would  otherwise  expire,  continues 
in  effect  until  the  expiration  of  six  months  after  the  end  of  that  war 
or  emergency,  whichever  is  later,  unless  sooner  terminated  by  the 
Secretarv  concerned. 

(b)  Under  regulations  to  be  prescribed  by  the  Secretary  con- 
cerned, a  person  who  is  qualified  for  enlistment  for  active  duty  in  an 
armed  force,  and  who  is  not  under  orders  to  report  for"  induction 
into  an  armed  force  under  sections  451—173  of  title  50,  appendix, 
may  be  enlisted  as  a  Reserve  for  service  in  the  Army  Reserve,  Naval 
Reserve,  Air  Force  Reserve,  Marine  Corps  Reserve,  or  Coast  Guard 
Reserve,  for  a  term  of  six  years.  Each  person  enlisted  under  this 
subsection  shall  serve — 

(1)  on  active  duty  for- a  period  of  two  years ; 

(2)  satisfactorily  as  a  member  of  the  Ready  Reserve  for  a 
period  that,  when  added  to  his  active  duty  under  clause  (l)r 
totals  five  years ;  and 

(3)  the  rest  of  his  period  of  enlistment  as  a  member  of  the 
Standby  Reserve. 

[Emphasis  supplied.] 


100 


(c)  In  time  of  war  or  6f  national  emergency  declared  by  Con- 
gress, the  term  of  service  of  an  enlisted  member  transferred  to  a 
reserve  component  according  to  law,  that  would  ctherwise  expire, 
continues  wntil  the  expiration  of  six  months  after  the  end  of  that 
war  or  emergency,  whichever  is  later,  unless  sooner  terminated  by 
the  Secretary  concerned. 

(d)  Under  regulations  to  be  prescribed  by  the  Secretary  of 
Defense,  or  the  Secretary  of  Transportation  with  respect  to  the 
Coast  Guard  when  it  is  not  operating  as  a  service  in  the  Navy,  a 
non-prior-service  person  who  is  under  26  years  of  age,  who  is  quali- 
fied for  induction  for  active  duty  in  an  armed  force,  and  who  is  not 
under  orders  to  report  for  induction  into  an  armed  force  under  the 
Military  Selective  Service  Act  of  1967  (50  App.  U.S.C.  451-473), 
except  as  provided  in  section  6(c)  (2)  (A)  (ii)  and  (iii)  of  such  Act, 
may  be  enlisted  in  the  Army  National  Guard  or  the  Air  National 
Guard,  or  as  a  Reserve  for  -service  in  the  Army  Reserve,  Naval 
Reserve,  Air  Force  Reserve,  Marine  Corps  Reserve,  or  Coast  Guard 
Reserve,  for  a  term  of  six  years.  Each  person  enlisted  under  this 
subsection  shall  perform  an  initial  period  of  active  duty  for  training 
of  not  less  than  four  months  to  commence  insofar  as  practicable 
within  180  days  after  the  date  of  that  enlistment.  (Aug.  10, 1956,  ch. 
1041,  70A  Stat.  18;  Sept  2,  1958,  Pub.  L.  85-861,  §  1(8),  72  Stat. 
1439;  Sept.  3,  1963,  Pub.  L.  88-110,  §  3,  77  Stat.  135;  Dec.  1,  1967, 
Pub.  L.  90-168,  §  2(11),  81  Stat  523.) 


10  U.S.C.  519.  Temporart  enlistments:  during  war  or  emergency 

Except  as  provided  in  section  505  of  this  title  and  except  for 
enlistments  as  Reserves  of  an  armed  force — 

{1)  temporary  enlistments  in  an  armed  force  entered  into  in 
time  of  war  or  of  emergency  declared  by  Congress  shall  be  for 
the  duration  of  the  war  or  emergency  plus  six  months ;  and 

(2)  only  persons  at  least  eighteen  years  of  age  and  otherwise 
qualified  under  regulations  to  be  prescribed  by  the  Secretary 
concerned  are  eligible  for  such  enlistments. 
(Added  Pub.  L.  90-235,  §  2(a)  (1)  (B),  Jan.  2, 1968,  81  Stat  755.) 

—Note- 
Excerpt  from  House  Reft.  868,  90th  Cong.,  2d  Sess.  (1968) 

Sections  3254  and  8254  of  title  10,  United  States  Code, 
provide  that  temporary  enlistments  in  the  Army  or  Air 
Force,  as  the  case  may  be,  entered  into  in  time  of  war  or  of 
emergency  declared  by  Congress  shall  be  for  the  duration 
of  the  war  or  emergency  plus  6  months;  and  that  only  per- 
sons at  least  18  years  of  age  and  otherwise  qualified  under 
regulations  to  be  prescribed  by  the  Secretary  concerned  are 
eligible  for  such  enlistments.  There  is  no  comparable  provi- 


[ Emphasis  supplied.] 


101 


sion  for  the  Navy  and  Marine  Corps.  Section  519  is  a  pro- 
posed new  section  to  be  added  to  subtitle  A  of  title  10, 
United  States  Code,  which  extends  this  provision  governing 
temporary  enlistments  to  the  Navy  and  Marine  Corps. 


10  TJ.S.C.  565.  Warrant  officers:  suspension  of  laws  for  promo- 
tion or  mandatory  retirement  or  separation  during  war  or 
emergency 

In  time  of  war,  or  of  emergency  declared  after  May  39,  1964,  by 
Congress  or  the  President,  the  President  may  suspend  the  operation 
of  any  provision  of  law  relating  to  promotion,  or  mandatory  retire- 
ment or  separation,  of  permanent  regular  warrant  officers  of  any 
armed  force.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  24.) 


10  U.S.C.  599.  Warrant  officers:  suspension  of  laws  for  promo- 
tion OR  MANDATORY  RETIREMENT  OR  SEPARATION  DURING  WAR  OR 
EMERGENCY 

In  time  of  war,  or  of  emergency  declared  after  May  29,  1954,  by 
Congress  or  the  President,  the  President  may  suspend  the  operation 
of  any  provision  of  law  relating  to  promotion,  or  mandatory  retire- 
ment or  separation,  of  permanent  reserve  warrant  officers  of  any 
armed  force.  (Aug.  10, 1956,  ch.  1041,  70A  Stat.  26.) 


10  U.S.C.  671a.  Members:  service  extension  during  war 

Unless  terminated  at  an  earlier  date  by  the  Secretary  concerned, 
the  period  of  active  service  of  any  member  of  an  armed  force  is 
extended  for  the  duration  of  any  war  in  which  the  United  States 
may  be  engaged  and  for  six  months  thereafter.  (Added  Pub.  L. 
90-235,  §  1(a)  (1)  (A),  Jan.  2, 1968,  81  Stat.  753.) 


10  U.S.C.  671b.  Members  :  service  extension  when  Congress  is  not 
in  session 

(a)  Notwithstanding  any  other  provision  of  law,  when  the  Presi- 
dent determines  that  the  national  interest  so  requires,  he  may,  if 
Congress  is  not  in  session,  having  adjourned  sine  die,  authorize  the 
Secretary  of  Defense  to  extend  for  not  more  than  six  months  enlist- 
ments, appointments,  periods  of  active  duty,  periods  of  active  duty 
for  training,  periods  of  obligated  service,  or  other  military  status,  in 
any  component  of  the  Armed  Forces  of  the  United  States,  that 
expire  before  the1  thirtieth  day  after  Congress  next  convenes  or 
reconvenes. 

[Emphasis  supplied.] 


102 


(b)  An  extension  under  this  section  continues  until  the  sixtieth 
day  after  Congress  next  convenes  or  reconvenes  or  until  the  expira- 
tion of  the  period  of  theological  or  divinity  school.  (Added  Pub.  L. 
85-861,  §  1  (15),  Sept.  2, 1958,  72  Stat.  1441.) 

— N  O  T  E— 

Excerpt  from  House  Reft.  868,  90th  Cong.,  2d  Sess.  (1968) 

The  Secretary  of  the  Navy,  under  present  law,  has  discre- 
tionary authority  in  time  of  war  or  in  time  of  national 
emergency  to  extend  enlistments  involuntarily  "for  such 
periods  as  he  considers  necessary."  The  Navy  Secretary 
used  this  authority  to  extend  enlistments  in  1965  for  4 
months  using  the  authority  of  the  Korean  war  national 
emergency  which  was  declared  in  December  1950,  and  is 
still  in  effect.  The  Secretaries  of  the  Army  and  the  Air 
Force,  by  contrast,  do  not  have  this  national  emergency 
authority  to  extend  enlistments;  their  powers  are  limited  to 
periods  of  war. 

As  originally  submitted  by  the  Department  of  Defense, 
the  bill  would  have  made  the  discretionary  authority  of  the 
Secretary  of  the  Navy  available  to  all  of  the  services.  After 
consultation  with  the  Committee  on  Armed  Services,  the 
Department  of  Defense  agreed  to  having  the  bill  revised  so 
as  to  eliminate  the  discretionary  authority  of  the  Navy  Sec- 
retary and  to  apply  to  all  of  the  service  Secretaries  a  sec- 
tion of  law  limiting  their  power  to  involuntarily  extend 
service  to  periods  of  war.  The  committee  strongly  feels  that 
for  anything  short  of  war,  service  should  not  be  involuntar- 
ily extended  while  Congress  is  still  in  session  without  action 
of  the  Congress.  It  should  be  noted  that  in  the  past  when  it 
was  felt  extension  authority  was  required  in  critical  periods 
for  the  Army  and  the  Air  Force,  the  Congress  readily  pro- 
vided such  authority,  as  in  the  Berlin  and  Cuban  crises. 

The  committee  recognized,  however,  that  there  was  a  gap 
in  the  law  in  that  there  would  be  no  authority  in  those 
extreme  emergencies  when  Congress  is  not  in  session.  There 
was  included  in  the  bill,  therefore,  a  new  section,  section 
67lb,  which  authorizes  the  President,  when  he  detennines 
the  national  interest  so  requires*  to  extend  enlistments  or 
other  periods  of  active  duty  when  Congress  is  not  in  ses- 
sion, having  adjourned  sine  die,  if  such  enlistments  or 
periods  of  active  duty  are  due  to  expire  before  the  30th  day 
after  the  Congress  next  convenes  or  reconvenes.  The  com- 
mittee emphasizes  that  such  authority  is  only  granted  when 
Congress  is  out  of  session  and  only  affects  enlistments  or 
periods  of  service  that  expire  either  before  Congress  returns 
or  within  30  days  after  Congress  returns.  The  provision, 
therefore,  is  meant  to  fill  a  gap  in  the  law  and  to  apply 
only  in  cases  of  extreme  emergency.  Extensions  under  this 

X Emphasis  supplied.] 


103 


provision  could  not  be  for  more  than  6  months  and  in  no 
case  could  they  run  beyond  60  days  after  the  Congress  next 
convenes  or  reconvenes. 


10  U.S.C.  672.  Reserve  components  generally 

(a)  In  time  of  war  or  of  national  emergency  declared  by  Con- 
gress, or  when  otherwise  authorized  by  law,  an  authority  designated 
by  the  Secretary  concerned  may,  without  the  consent  of  the  persons 
affected,  order  any  unit,  and  any  member  not  assigned  to  a  unit 
organized  to  serve  as  a  unit,  of  a  reserve  component  under  the  juris- 
diction of  that  Secretary  to  active  duty  (other  than  for  training) 
for  the  duration  of  the  war  or  emergency  and  for  six  months  there- 
after. However— 

(1)  a  member  on  an  inactive  status  list  or  in  a  retired  status 
may  not  be  ordered  to  active  duty  under  this  subsection  unless 
the  Secretary  concerned,  with  the  approval  of  the  Secretary  of 
Defense  in  the  case  of  the  Secretary  of  a  military  department, 
determines  that  there  are  not  enough  qualified  Reserves  in  an 

'      active  status  or  in  the  inactive  National  Guard  in  the  required 
category  who  are  readily  available ;  and 

(2)  a  member  of  the  Standby  Reserve  may  not  be  ordered  to 
active  duty  under  this  subsection  unless  the  Director  of  Selec- 
tive Service  determines  that  the  member  is  available  for  active 
duty. 

—NOTE- 
EXCERPT  from  House  Rept.  1066,  82d  Cong.,  2d  Sess.  (1952) 

DUTY  AND  RELEASE  FROM  DUTY 

Liability  for  active  duty 

When  authorized  by  Congress. — This  subsection  author- 
izes any  member  of  a  reserve  component  to  be  ordered  to 
active  duty  without  his  consent  in  time  of  war  or  national 
emergency  hereafter  declared  by  the  Congress  or  when  oth- 
enoise  authorized  by  law.  In  time  of  war  or  national  emer- 
gency declared  by  Congress,  members  ordered  to  active  duty 
would  be  liable  to  serve  for  the  duration  of  the  war  or 
national  emergency  and  for  6  months  thereafter.  The  com- 
mittee has  added  a  safeguard  so  that  members  in  an  inac- 
tive or  retired  status  would  not  be  ordered  to  active  duty 
without  their  consent  unless  the  appropriate  Secretary 
determined  that  no  qualified  members  of  the  Ready  Reserve 
or  members  of  the  Stand-by  Reserve  in  an  active  status 
with  appropriate  qualifications  were  readily  available.  This 
section  authorizes  members  to  be  called  as  individuals  or  as 
units,  but  the  committee  has  provided  a  safeguard  so  that 
members  of  units  organized  to  serve  as  units  can  only  be 


[Emphasis  supplied.] 


,104 


called  with  their  unit.  This  would  not  prevent  the  ordering 
of  individuals  from  units  organized  for  training  purposes 
only. 


10  U.S.C.  673.  Ready  Reserve 

(a)  In  time  of  national  emergency  declared  by  the  President  after 
January  1,  1953,  or  when  otherwise  authorized  by  law,  an  authority 
designated  by  the  Secretary  concerned  may,  without  the  consent  of 
the  persons  concerned,  order  any  unit,  and  any  member  not  assigned 
to  a  unit  organized  to  serve  as  a  unit,  in  the  Heady  Reserve  under 
the  jurisdiction  of  that  Secretary  to  active  duty  (other  than  for 
training)  for  not  more  than  24  consecutive  months. 

(b)  To  achieve  fair  treatment  as  between  members  in  the  Ready 
Reserve  who  are  being  considered  for  recall  to  duty  without  their 
consent,  consideration  shall  be  given  to — 

(1)  the  length  and  nature  of  previous  service,  to  assure  such 
sharing  of  exposure  to  hazards  as  the  national  security  and  mil- 
itary requirements  will  reasonably  allow ; 

(2)  family  responsibilities;  and 

(3)  employment  necessary  to  maintain  the  national  health, 
safety,  or  interest. 

The  Secretary  of  Defense  shall  prescribe  such  policies  and  proce- 
dures as  he  considers  necessary  to  carry  out  this  subsection.  He  shall 
report  on  those  policies  and  procedures  at  least  once  a  year  to  the 
Committees  on  Armed  Services  of  the  Senate  and  the  House  of  Rep- 
resentatives. 

(c)  Not  more  than  1,000,000  members  of  the  Ready  Reserve  may 
be  on  active  duty  (other  than  for  training),  without  their  consent, 
under  this  section  at  any  one  time.  (Aug.  10,  1956,  ch.  1041,  70A 
Stat.  28;  Sept.  2,  1958,  Pub.  L.  85-861,  §§  1  (14),  33(a)  (5),  72  Stat. 
1441, 1564.) 

—NOTE- 
EXCERPT  from  House  Reft.  1066,  82d  Cong.,  2d  Sess.  (1952) 

NATIONAL  EMERGENCY  DECLARED  BY  THE  PRESIDENT 

In  time  of  national  emergency  proclaimed  by  the  Presi- 
dent, or  when  otherwise  authorized  by  law,  any  member  of 
the  Ready  Reserve  may  be  ordered  to  active  duty  without 
his  consent  for  such  period  of  time  not  to  exceed  24  consec- 
utive months,  but  no  member  could  be  ordered  to  active 
duty,  under  the  committee  amendment,  until  the  Congress 
had  determined  the  number  of  members  needed  for  the 
national  security.  Members  may  be  ordered  as  individuals 
or  as  units,  but  as  in  the  previous  subsection  the  committee 
has  provided  a  safeguard  against  the  ordering  of  individual 
members  of  units  organized  to  serve  as  units.  This  provision 
would  apply  only  in  a  future  national  emergency  pro- 
claimed by  the  President  but  would  retain  in  effect  the 
[Emphasis  supplied.] 


105 


authority  to  order  such  members  to  active  duty  under  sec- 
tion 21  of  the  UMTS  Act  with  the  limitations  contained 
therein. 

At  present  time  all  members  of  the  Naval  Reserve, 
Marine  Corps  Reserve,  and  the  Coast  Guard  Reserve,  may 
be  ordered  to  active  duty  in  time  of  Presidential  emergency 
for  the  duration  of  the  emergency  and  for  6  months  there- 
after. In  addition,  the  President  may,  at  any  time,  call  out 
the  National  Guard  and  Air  National  Guard  to  enforce  the 
laws  of  the  United  States,  to  quell  insurrection,  and  in  case 
of  actual  or  threatened  invasion..  As  far  as  the  Naval 
Reserve,  Marine  Corps  Reserve,  and  Coast  Guard  Reserve 
are  concerned,  this  subsection  represents  a  substantial 
decrease  in  the  number  and  the  period  of  service  of  reserv- 
ists liable  to  be  ordered  to  active  duty  in  time  of  Presiden- 
tial emergency. 

—NOTE— 

Excerpt  from  House  Reft.  1066,  82d  Cong.,  2d  Sess.  (1952) 

the  readt  reserve 

The  Ready  Reserve  denned  by  this  section  would  contain 
those  portions  of  the  reserve  components  which  would  be 
most  liable  for  active  duty  and  which  would  be  subject  to 
■call  in  time  of  war,  or  national  emergency  declared  by  the 
President  or  the  Congress,  or  when  otherwise  authorized  by 
law.  The  last  phrase  includes  authority  to  order  reservists 
to  active  duty  pursuant  to  section  21  of  the  Universal  Mili- 
tary Training  and  Service  Act  which  is  not  affected  by  this 
bill. 

Note,  however,  that  under  section  234  (b),  which  author- 
izes the  ordering  of  the  Ready  Reserve  to  active  duty  in 
time  of  national  emergency  declared  by  the  President,  the 
Congress  must  first  determine  the  number  of  members  who 
may  be  so  ordered. 

The  Ready  Reserve  would  be  the  only  part  of  the  reserve 
components  which  could  be  used  in  a  Presidential  emer- 
gency without  further  congressional  action.  At  the  present 
time,  all  of  the  Naval  Reserve,  Marine  Corps  Reserve,  and 
Coast  Guard  Reserve  could  be  called  to  active  service  in  a 
Presidential  emergency.  In  addition,  the  entire  National 
Guard  and  the  entire  Air  National  Guard  is  now  callable 
by  the  President  in  case  of  threatened  or  actual  invasion, 
insurrection,  or  to  execute  the  Federal  laws. 

— N  O  T  E — 

Under  this  provision  1,000,000  men  can  be  called  to  active 
duty.  In  addition  the  National  Guard  can  be  federalized  in  a 

{[Emphaaia  supplied.] 


106 


national  emergency,  which  adds  several  thousand  men  to  the 
total.  In  time  of  national  emergency,  therefore,  in  addition 
to  existing  armed  forces  at  least  eight  divisions  of  troops, 
over  100  squadrons  of  aircraft  and  55  ships  can  be  activated 
by  order  of  the  President. 


10  U.S.C.  674.  Standby  Reserve 

(a)  Units  and  members  in  the  Standby  Reserve  may  be  ordered  to 
active  duty  (other  than  for  training)  only  as  provided  in  section  672 
of  this  title. 

(b)  In  time  of  emergency — 

(1)  no  unit  in  the  Standby  Reserve  organized  to  serve  as  a 
unit  or  any  member  thereof  may  be  ordered  to  active  duty 
(other  than  for  training),  unless  the  Secretary  concerned,  with 
the  approval  of  the  Secretary  of  Defense  in  the  case  of  a  Secre- 
tary of  a  military  department,  determines  that  there  are  not 
enough  of  the  required  kinds  of  units  in  the  Ready  Reserve  that 
are  readily  available ;  and 

(2)  no  other  member  in  the  Standby  Reserve  may  be  ordered 
to  active  duty  (other  than  for  training)  as  an  individual  with- 
out his  consent,  unless  the  Secretary  concerned,  with  the 
approval  of  the  Secretary  of  Defense  in  the  case  of  a  Secretary 
of  a  military  department,  determines  that  there  are  not  enough 
qualified  members  in  the  Ready  Reserve  in  the  required  category 
who  are  readily  available. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  29;  Sept.  7,  1962,  Pub.  L. 
87-651,  title  I,  §  130, 76  Stat.  514.) 

—NOTE- 
EXCERPT  from  House  Reft.  1066,  82d  Cong.,  2d  Sess.  (1952) 

STANDBY  RESERVE 

The  Standby  Reserve  established  by  this  section  would 
be  available  for  active  duty  only  upon  action  by  the  Con- 
gress authorizing  its  call.  The  phrase  "or  when  otherwise 
authorized  by  law1"  includes  authority  to  order  members  of 
the  Standby  Reserve  to  active  duty  under  section  SI  of  the 
Universal  Military  Training  and  Service  Act.  The  restric- 
tion on  the  call  of  inactive  and  volunteer  reservists  who 
served  for  more  than  a  year  during  World  War  II  would 
apply  to  members  of  the  Standby  Reserve  who  are  not 
members  of  organized  units  and  who  are  ordered  to  active 
duty  under  that  section.  It  is  necessary  to  continue  existing 
authority  until  a  sufficiently  large  Reserve  is  established 
through  Selective  Service  and  UMT  when  authorized.  Due 
to  the  current  world  situation,  it  is  impossible  to  maintain 
an  effective  source  of  replacement  of  present  reservists 
[Emphasis  supplied.] 


107 


during  this  transition  period  without  continuing  section  21 
in  effect. 


10  TJ.S.C.  675.  Retired  Reserve 

A  member  in  the  Retired  Reserve  may,  if  qualified,  he  ordered  to 
active  duty  without  hie  consent,  but  only  as  provided  in  section  672 
(a)  of  this  title.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  29.) 


10  TJ.S.C.  679.  Active  dutt  agreements 

(a)  To  provide  definite  terms  of  active  duty  (other  than  for 
training)  for  Reserves  with  their  consent,  the  Secretary  concerned 
may  make  a  standard  written  agreement  with  any  member  of  a 
reserve  component  under  his  jurisdiction  requiring  the  member  to 
serve  for  a  period  of  active  duty  (other  than  for  training)  of  not 
more  than  five  years.  When  such  an  agreement  expires,  a  new  one 
may  be  made.  This  subsection  does  not  apply  in  time  of  war 
declared  by  Congress. 

(b)  An  agreement  may  not  be  made  under  subsection  (a)  unless 
the  specified  period  of  duty  is  at  least  12  months  longer  than  any 
period  of  active  duty  that  the  member  is  otherwise  required  to 
perform. 

(c)  Agreements  made  under  subsection  (a)  shall  be  uniform  so 
far  as  practicable,  and  are  subject  to  such  standards  and  policies  as 
may  be  prescribed  by  the  Secretary  of  Defense  for  the  armed  forces 
under  his  jurisdiction  or  by  the  Secretary  of  the  Treasury  for  the 
Coast  Guard  when  the  Coast  Guard  is  not  operating  as  a  service  in 
the  Navy. 

(d)  If  an  agreement  made  under  subsection  (a)  expires  during  a 
war  or  during  a  national  emergency  declared  by  Congress  or  the 
President  after  January  1,  1953,  the  Reserve  concerned  may  be  kept 
on  active  duty,  without  his  consent,  as  otherwise  prescribed  by  law. 
(Aug  10, 1956,  ch.  1041, 70A  Stat.  30.) 

— N  O  T  E — 

Excerpt  fkom  House  Reft.  1066,  82d  Cong.,  2d  Sess.  (1952) 

continuation  of  active  dutt 

This  section  provides  that  in  time  of  a  future  war  or 
national  emergency  any  member  whose  term  of  service 
expires  under  a  contract  for  active  duty  may  be  continued 
on  active  duty  in  accordance  with  laws  and  regulations,  so 
that  he  will  have  the  same  liability  for  involuntary  service 
as  other  members  of  the  reserve  components  in  the  same 
category. 
[Emphasis  supplied.] 


108 


10  U.S.C.  681.  Reserves  :  release  fbom  active  wn 

(a)  Except  as  otherwise  provided  in  this  title,  the  Secretary  con- 
cerned may  at  any  time  release  a  Reserve  under  his  jurisdiction 
from  active  duty.  ,  _ 

(b)  In  time  of  war  or  of  national  emergency  declared  by  Congress 
or  the  President  after  January  1,  1953,  a  member  of  a  reserve  com- 
ponent may  be  released  from  active  duty  (other  than  for  training) 

only  if  ^  boani  0f  officers  convened  at  his  request  by  an  authority 
designated  by  the  Secretary  concerned  recommends  the  release 
and  the  recommendation  is  approved ; 

(2)  the  member  does  not  request  that  a  board  be  convened;  or 

(3)  his  release  is  otherwise  authorized  by  law. 

This  subsection  does  not  apply  to  an  armed  force  during  a  period 
of  demobilization  or  reduction  in  strength  of  that  armed  force. 
(Aug.  10, 1956.  ch.  1041,  70A  Stat.  31.) 


10  U.S.C.  687.  Non-Regular9  :  readjustment  payment  upon 

INVOLUNTARY  RELEASE  FROM  ACTIVE  DUTY 

(a)  Except  for  members  covered  by  subsection  (b),  a  member  of  a 
reserve  component  or  a  member  of  the  Army  or  the  Air  Force  with- 
out component  who  is  released  from  active  duty  involuntarily,  or 
because  he  was  not  accepted  for  an  additional  tour  of  active  duty 
for  which  he  volunteered  after  he  had  completed  a  tour  of  active 
duty,  and  who  has  completed,  immediately  before  his  release,  at  least 
five  years  of  continuous  active  duty,  is  entitled  to  a  readjustment 
payment  computed  by  multiplying  his  years  of  active  service  (other 
than  in  time  of  war  or  of  national  emergency  declared  by  Congress 
after  June  %8,  1962),  but  not  more  than  eighteen,  by  two  months' 
basic  pay  of  the  grade  in  wThich  he  is  serving  at  the  time  of  his 
release.  However,  a  member  who  is  released  from  active  duty 
because  his  performance  of  duty  has  fallen  below  standards  pre- 
scribed by  the  Secretary  concerned,  or  because  his  retention  on 
active  duty  is  not  clearly  consistent  with  the  interests  of  national 
security,  is  entitled  to  a  readjustment  payment  computed  on  the 
basis  of  one-half  of  one  month's  basic  pay  of  the  grade  in  which  the 
member  is  serving  at  the  time  of  his  release  from  active  duty.  A 
person  covered  by  this  subsection  may  not  be  paid  more  than  two 
years'  basic  pay  of  the  grade  in  which  he  is  serving  at  the  time  of 
his  release  or  $15,000,  whichever  amount  is  the  lesser.  For  the  pur- 
poses of  this  subsection — 

(1)  a  period  of  active  duty  is  continuous  if  it  is  not  inter- 
rupted by  a  break  in  service  of  more  than  30  days; 

(2)  a  part  of  a  year  that  is  six  months  or  more  is  counted  as 
a  whole  year,  and  a  part  of  a.  year  that  is  less  than  six  months 
is  disregarded ;  and 

[Emphasis  supplied.] 


109 


(3)  a  period  for  which  the  member  concerned  has  received 
readjustment  pay  under  another  provision  of  law  may  not  be 
included. 

(b)  Subsection  (a)  does  not  apply  to  a  member  who — 

(1)  is  released  from  active  duty  at  his  request; 

(2)  is  released  from  active  duty  for  training; 

(3)  under  regulations  to  be  prescribed  by  the  Secretary  of 
Defense,  or  by  the  Secretary  of  the  Treasury  with  respect  to  the 
Coast  Guard  when  it  is  not  operating  as  a  service  in  the  Navy, 
is  released  from  active  duty  because  of  moral  or  professional 
dereliction ; 

(-1)  upon  release  from  active  duty,  is  immediately  eligible  for 
retired  pay  or  retainer  pay  based  entirely  on  his  military  serv- 
ice ; 

(5)  upon  release  from  active  duty,  is  immediately  eligible  for 
severance  pay  (other  than  under  section  680  of  this  title)  based 
on  his  military  service  and  who  elects  to  receive  that  severance 
pay ;  or 

(6)  upon  release  from  active  duty,  is  immediately  eligible  for 
disability  compensation  under  a  law  administered  by  the  Veter- 
ans' Administration  and  who  elects  to  receive  that  compensa- 
tion. 

However,  a  member  covered  by  clause  (G)  may  receive  a  readjust- 
ment payment  under  this  section  and  disability  compensation  if  an 
amount  equal  to  75  percent  of  the  readjustment  payment  is  deducted 
from  the  disability  compensation.  This  subsection  does  not  prevent  a 
member  who  elects  to  receive  a  readjustment  payment  under  this  sec- 
tion from  becoming  entitled  to  disability  compensation  based  on  his 
service  performed  after  he  makes  that  election. 

(c)  A  member  to  whom  a  readjustment  payment  is  made  under 
this  section  is  not  entitled  to  mustering-out  pay  under  the  Muster- 
ing-Out  Payment  Act  of  1944  (58  Stat.  8),  the  Veterans'  Readjust- 
ment Assistance  Act  of  1952  (66  Stat.  663),  or  chapter  43  of  title  38. 
If  he  was  paid  mustering-out  pay  under  one  of  those  provisions 
before  he  became  entitled  to  a  readjustment  payment  under  this  sec- 
tion, the  amount  of  that  mustering-out  pay  shall  be  deducted  from 
the  amount  to  which  he  is  entitled  under  this  section. 

(d)  Any  readjustment  payment  to  which  a  member  becomes  enti- 
tled under  this  section  shall  be  reduced  by  the  amount  of  any  pre- 
vious payment  made  to  him  under  this  section  that  he  has  not  repaid 
to  the  United  States.  If  he  has  repaid  that  amount  to  the  United 
States,  the  period  covered  by  it  shall  be  treated  as  a  period  for 
which  a  payment  has  not  been  made  under  this  section. 

(e)  Repealed.  Pub.  L.  89-718,  §  6(4),  Nov.  2,  1966,  80  Stat.  1116. 

(f)  If  a  member  who  received  a  readjustment  payment  under  this 
section  after  June  28,  1962,  qualifies  for  retired  pay  under  any  pro- 
vision of  this  title  or  title  14  that  authorizes  his  retirement  upon 
completion  of  twenty  years  of  active  service,  an  amount  equal  to  75 
percent  of  that  payment,  without  interest,  shall  be  deducted  immedi- 
ately from  his  retired  pay.  (Added  Pub.  L.  87-651,  title  I,  § 


110 


102(a),  Sept.  7,  1962,  76  Stat.  506,  and  amended  Pub.  L.  89-718,  § 
6,  Nov.  2, 1966, 80  Stat.  1115.) 


10  U.S.C.  712.  Foreign  governments:  detail  to  assist 

(a)  Upon  the  application  of  the  country  concerned,  the  President, 
whenever  he  considers  it  in  the  public  interest,  may  detail  members 
of  the  Army,  Navy,  Air  Force,  and  Marine  Corps  to  assist  in  mili- 
tary matters — 

(1)  any  republic  in  North  America,  Central  America,  or 
South  America ; 

(2)  the  Republic  of  Cuba,  Haiti,  or  Santo  Domingo;  and 

(3)  during  a  war  or  a  declared  national  emergency,  any  other 
country  that  he  considers  it  advisable  to  assist  in  the  interest  of 
national  defense. 

(b)  Subject  to  the  prior  approval  of  the  Secretary  of  the  military 
department  concerned,  a  member  detailed  under  this  section  may 
accept  any  office  from  the  country  to  which  he  is  detailed.  He  is 
entitled  to  credit  for  all  service  while  so  detailed,  as  if  serving  with 
the  armed  forces  of  the  United  States.  Arrangements  may  be  made 
by  the  President,  with  countries  to  which  such  members  are  detailed 
to  perform  functions  under  this  section,  for  reimbursement  to  the 
United  States  or  other  sharing  of  the  cost  of  performing  such  func- 
tions. (Aug.  10,  1956,  ch.  1041,  70A  Stat.  32;  June  30,  1958,  Pub.  L. 
85^77,  ch.  V,  §  502  (k),  72  Stat.  275.) 

—NOTE- 
EXCERPT  from  Senate  Reft.  7,  69th  Cong.,  1st  Sess.  (1952) 

The  Committee  on  Military  Affairs,  to  which  was 
referred  the  bill  (S.  1480)  to  authorize  the  President  to 
detail  officers  and  enlisted  men  of  the  United  States  Army, 
Navy,  and  Marine  Corps  to  assist  the  Governments  of  the 
Latin  American  Republics  in  military  and  naval  matters, 
has  had  the  same  under  consideration  and  recommends  that 
it  pass. 

A  similar  provision  was  favorably  reported  to  the  Senate 
in  the  Sixty-eighth  Congress  in  the  bill  S.  1974,  providing 
for  sundry  matters  affecting  the  Military  Establishment 
( Rept.  195 ) .  Referring  to  this  provision,  that  report  said : 
The  advantages  of  such  authority  as  is  indicated 
in  the  proposed  section  are  manifest.  The  primary 
consideration  is  that  of  the  future  solidarity  of 
Pan  American  views  and  aims  which  will  be 
brought  about  by  bringing  the  armies  of  the 
Republics  of  North  and  South  America  in  close 
touch  with  that  of  the  United  States.  The  presence 
of  officers  of  our  Army  will  also  greatly  assist  to 
promote  friendly  relations  between  the  United 
[Emphasis  supplied.] 


Ill 


States  and  the  country  in  which  they  are  serving, 
and  the  experience  of  these  officers  will  be  very  val- 
uable to  the  War  Department  and  add  greatly  to 
the  information  concerning  Latin  American  coun- 
tries. 

Prior  to  the  World  War  several  European 
nations  took  a  very  active  part  in  the  military 
affairs  of  various  countries  in  South  America,  and 
the  effects  of  these  efforts  were  very  thoroughly 
impressed  upon  the  armies  concerned.  Besides  the 
military  effect  mentioned  the  influence  of  European 
countries  was  also  seen  in  various  political  and  eco- 
nomic matters.  Since  the  World  War  the  efforts 
indicated  have  been  resumed  with  more  or  less 
effect. 

It  is  believed  that  such  a  condition  of  affairs  is 
not  conducive  to  the  best  interests  of  the  United 
States  and  that,  if  authority  is  granted  to  send 
officers  of  our  Army  to  Latin  American  countries 
in  the  manner  indicated  by  the  proposed  section, 
our  national  prestige  will  be  enhanced  and  those 
countries  will  gradually  be  brought  to  the  point  of 
realizing  that  it  is  greatly  to  their  advantage  to 
adopt  the  methods  and  systems  in  use  in  the 
United  States  rather  than  those  of  European  coun- 
tries. 

Your  attention  is  invited  to  the  act  of  June  5, 
1920,  whereby  authority  was  granted  for  the 
President  to  detail  officers  of  the  United  States 
naval  service  to  assist  the  Governments  of  the 
Republics  of  South  America  in  naval  affairs.  Under 
the  authority  granted,  a  number  of  naval  officers 
have  recently  been  detailed  to  assist  the  Govern- 
ment of  Brazil  in  naval  matters,  and  it  is  highly 
probable  that  the  advantage  resulting  therefrom 
will  greatly  promote  the  friendly  relations  between 
the  two  countries.  The  detail  of  American  Army 
officers  to  South  American  countries  in  principle 
has  the  approval  of  the  State  Department  and 
enhances  our  national  prestige  and  influence  in 
those  countries. 

After  the  bill  was  drafted  the  War  Department 
in  consultation  with  the  State  Department  and  the 
Navy  Department  reached  the  conclusion  that  it 
would  be  advisable  to  extend  the  privileges  granted 
in  this  section  to  the  Navy  and  Marine  Corps,  and 
amendments  are  recommended  for  this  purpose, 
together  with  amendment  permitting,  without  ques- 
tion, the  detailing  of  officers  for  service  in  Central 
America,  Cuba,  Haiti,  and  Santo  Domingo. 

[Emphasis  supplied.] 


112 


—NOTE- 
EXCERPT  from  House  Kept.  1018,  69th  Cong.,  2d  Sess.  (1926) 

The  following  paragraph  is  quoted  from  a  letter  from 
former  Secretary  of  State  Charles  E.  Hughes  to  the  chair- 
man of  the  Committee  on  Military  Affairs,  dated  January 
7, 1925,  regarding  the  passage  of  this  legislation. 

The  convention  for  the  limitation  of  armaments 
signed  by  the  Central  American  Governments  in  a 
conference  which  met  in  Washington  in  the  early 
part  of  1923  contemplates  the  employment  of  for- 
eign instructors  to  assist  in  organizing  in  each 
Republic  a  national  guard  to  maintain  public 
order.  The  Government  of  Nicaragua  has  now 
expressed  an  intention  to  organize  such  a  national 
guard  and  has  indicated  a  desire  to  have  American 
marine  officers  as  instructors.  I  should  be  especially 
glad  to  meet  Nicaragua's  wishes  in  this  matter  in 
order  that  the  new  national  guard  may  be  orga- 
nized in  such  a  manner  that  there  will  be  no  dis- 
turbances in  the  country  after  the  withdrawal  of 
the  legation  guard  of  about  100  American  marines, 
which  has  been  stationed  in  Nicaragua  for  several 
years  past.  This  legation  guard  will  be  withdrawn 
early  in  February.  It  would  be  very  helpful  to  this 
department,  therefore,  in  this  situation  if  the  legis- 
lation to  which  I  have  referred  could  be  approved 
in  the  immediate  future. 
While  not  for  the  purpose  of  encouraging  the  increase  of 
armaments,  it  is  felt  a  more  efficient  and  economical  organi- 
sation of  their  existing  forces  would  be  a  real  service  to  the 
governments  concerned,  especially  in  those  countries  where 
a  more  efficient  military  force  might  be  helpful  in  promot- 
ing political  stability.  It  is  also  felt  that  this  is  a  service 
which  should,  if  possible,  be  performed  by  the  United 
States  rather  than  by  European  Governments. 


[Chapter  47— Uniform  Code  of  Military  Justice] 
10  U.S.C.  802.  Art.  2.  Persons  subject  to  this  chapter 

The  following  persons  are  subject  to  this  chapter: 

(1)  Members  of  a  regular  component  of  the  armed  forces 
including  those  awaiting  discharge  after  expiration  of  their 
terms  of  enlistment;  volunteers  from  the  time  of  their  muster  or 
acceptance  into  the  armed  forces;  inductees  from  the  time  of 
their  actual  induction  into  the  armed  forces;  and  other  persons 
lawfully  called  or  ordered  into,  or  to  duty  in  or  for  training  in, 

XEmpbasis  supplied.] 


113 


the  armed  forces,  from  the  dates  when  they  are  required  by  the 
terms  of  the  call  or  order  to  obey  it. 

(2)  Cadets,  aviation  cadets,  and  midshipmen. 

(3)  Members  of  a  reserve  component  while  they  are  on  inactive 
duty  training  authorized  by  written  orders  which  are  voluntar- 
ily accepted  by  them  and  which  specify  that  they  are  subject  to 
this  chapter. 

(4)  Retired  members  of  a  regular  component  of  the  armed 
forces  who  are  entitled  to  pay. 

(5)  Retired  members  of  a  reserve  component  who  are  receiv- 
ing hospitalization  from  an  armed  force. 

(6)  Members  of  the  Fleet  Reserve  and  Fleet  Marine  Corps 
Reserve. 

(7)  Persons  in  custody  of  the  armed  forces  serving  a  sentence 
imposed  by  a  court-martial. 

(8)  Members  of  the  Environmental  Science  Services  Adminis- 
tration, Public  Health  Service,  and  other  organizations,  when 
assigned  to  and  serving  with  the  armed  forces. 

(9)  Prisoners  of  war  in  custody  of  the  armed  forces. 

(10)  In  time  of  war,  persons  serving  with  or  accompanying 
an  armed  force  in  the  field. 

(11)  Subject  to  any  treaty  or  agreement  to  which  the  United 
States  is  or  may  be  a  party  or  to  any  accepted  rule  of  interna- 
tional law,  persons  serving  with,  employed  by,  or  accompanying 
the  armed  forces  outside  the  United  States  and  outside  the  fol- 
lowing: the  Canal  Zone,  Puerto  Rico,  Guam,  and  the  Virgin 
Islands. 

(12)  Subject  to  any  treaty  or  agreement  to  which  the  United 
States  is  or  may  be  a  party  or  to  any  accepted  rule  of  interna- 
tional law,  persons  within  an  area  leased  by  or  otherwise 
reserved  or  acquired  for  the  use  of  the  United  States  which  is 
under  the  control  of  the  Secretary  concerned  and  which  is  out- 
side the  United  States  and  outside  the  following,  the  Canal 
Zone,  Puerto  Rico,  Guam,  and  the  Virgin  Islands. 

(Aug.  10,  1956,  ch.  1041,  70  A  Stat.  37;  June  25,  1959,  Pub.  L. 
86-70,  §  6(b),  73  Stat.  142;  July  12,  1960,  Pub.  L.  86-624,  §  4(b), 
74  Stat.  411 ;  Sept.  7,  1962,  Pub.  L.  87-651,  title  I,  §  104,  76  Stat. 
508 ;  Nov.  2, 1966,  Pub.  L.  89-718,  §  8  (a) ,  80  Stat.  1117.) 


10  U.S.C.  843.  Art.  43.  Statute  of  limitations 

(a)  A  person  charged  with  desertion  or  absence  without  leave  in 
time  of  war,  or  with  aiding  the  enemy,  mutiny,  or  murder,  may  be 
tried  and  punished  at  any  time  without  limitation. 

(b)  Except  as  otherwise  provided  in  this  article,  a  person  charged 
with  desertion  in  time  of  peace  or  any  of  the  offenses  punishable 
under  sections  919-932  of  this  title  (articles  119-132)  is  not  liable  to 
be  tried  by  court-martial  if  the  offense  was  committed  more  than 
three  years  before  the  receipt  of  sworn  charges  and  specifications  by 

[Emphasis  supplied.] 


114 


an  officer  exercising  summary  court-martial  jurisdiction  over  the 
command. 

(c)  Except  as  otherwise  provided  in  this  article,  a  person  charged 
with  any  offense  is  not  liable  to  be  tried  by  court-marital  or  pun- 
ished under  section  815  of  this  title  (article  15)  if  the  offense  was 
committed  more  than  two  years  before  the  receipt  of  sworn  charges 
and  specifications  by  an  officer  exercising  summary  court-martial 
jurisdiction  over  the  command  or  before  the  imposition  of  punish- 
ment under  section  815  of  this  title  (article  15). 

(d)  Periods  in  which  the  accused  was  absent  from  territory  in 
which  the  United  States  has  the  authority  to  apprehend  him,  or  in 
the  custody  of  civil  authorities,  or  in  the  hands  of  the  enemy,  shall  be 
excluded  in  computing  the  period  of  limitation  prescribed  in  this 
article. 

(e)  For  an  offense  the  trial  of  which  in  time  of  war  is  certified  to 
the  President  by  the  Secretary  concerned  to  be  detrimental  to  the 
prosecution  of  the  war  or  inimical  to  the  national  security,  the 
period  of  limitation  prescribed  in  this  article  is  extended  to  six 
months  after  the  termination  of  hostilities  as  proclaimed  by  the 
President  or  by  a  joint  resolution  of  Congress. 

(f)  When  the  United  States  is  at  war,  the  running  of  any  statute 
of  limitations  applicable  to  any  offense  under  this  chapter — 

(1)  involving  fraud  or  attempted  fraud  against  the  United 
States  or  any  agency  thereof  in  any  manner,  whether  by  con- 
spiracy or  not ; 

(2)  committed  in  connection  with  the  acquisition,  care,  han- 
dling, custody,  control,  or  disposition  of  any  real  or  personal 
property  of  the  United  States ;  or 

(3)  committed  in  connection  with  the  negotiation,  procure- 
ment, award,  performance,  payment,  interim  financing,  cancella- 
tion, or  other  termination  or  settlement,  of  any  contract,  subcon- 
tract, or  purchase  order  which  is  connected  with  or  related  to 
the  prosecution  of  the  war,  or  with  any  disposition  of  termina- 
tion inventory  by  any  war  contractor  or  Government  agency ; 

is  suspended  until  three  years  after  the  termination  of  hostilities  as 
proclaimed  by  the  President  or  by  a  joint  resolution  of  Congress. 
(Aug.  10,  1956,  ch.  1041,  70A,  Stat.  51.) 


10  U.S.C.  871.  Art.  71.  Execution  of  sentence;  suspension  of 

SENTENCE 

(a)  No  court-martial  sentence  extending  to  death  or  involving  a 
general  or  flag  officer  may  be  executed  until  approved  by  the  Presi- 
dent. He  shall  approve  the  sentence  or  such  part,  amount,  or  com- 
muted form  of  the  sentence  as  he  sees  fit,  and  may  suspend  the  exe- 
cution of  the  sentence  or  any  part  of  the  sentence,  as  approved  by 
him,  except  a  death  sentence. 

(b)  Xo  sentence  extending  to  the  dismissal  of  a  commissioned 
officer  (other  than  a  general  or  flag  officer),  cadet,  or  midshipman 
may  bo  executed  until  approved  by  the  Secretary  concerned,  or  such 

[Empbasis  supplied.] 


115 


Under  Secretary  or  Assistant  Secretary  as  may  be  designated  by 
him.  He  shall  approve  the  sentence  or  such  part,  amount,  or  com- 
muted form  of  the  sentence  as  he  sees  fit,  and  may  suspend  the  exe- 
cution of  any  part  of  the  sentence  as  approved  by  him.  In  time  of 
war  or  national  emergency,  he  may  commute  a  sentence  of  dismissal 
to  reduction  to  any  enlisted  grade.  A  person  so  reduced  may  be 
required  to  serve  for  the  'duration  of  the  war  or  emergency  and  six 
months  thereafter. 

(c)  No  sentence  which  includes,  unsuspended,  a  dishonorable  or 
bad-conduct  discharge,  or  confinement  for  one  year  or  more,  may  be 
executed  until  affirmed  by  a  Court  of  Military  Review  and,  in  cases 
reviewed  by  it,  the  Court  of  Military  Appeals. 

(d)  All  other  court-martial  sentences,  unless  suspended  or 
deferred,  may  be  ordered  executed  by  the  convening  authority  when 
approved  by  him.  The  convening  authority  may  suspend  the  execu- 
tion of  any  sentence,  except  a  death  sentence.  (Aug.  10,  1956,  ch. 
1041,  70A  Stat.  62;  Oct.  24,  1968,  Pub.  L.  90-632,  S  2(32),  82  Stat. 
1342.) 


10  U.S.C.  1035.  Deposits  of  savings 

(a)  Under  joint  regulations  prescribed  by  the  Secretaries  con- 
cerned, a  member  of  the  armed  force  who  is  on  a  permanent  duty 
assignment  outside  the  United  States  or  its  possessions  may  deposit 
during  that  tour  of  duty  not  more  than  his  unallotted  current  pay 
and  allowances  in  amounts  of  $5  or  more,  with  any  branch,  office,  or 
officer  of  a  uniformed  service.  Amounts  so  deposited  shall  be  depos- 
ited in  the  Treasury  and  kept  as  a  separate  fund,  and  shall  be 
accounted  for  in  the  same  manner  as  public  funds. 

(b)  Interest  at  a  rate  prescribed  by  the  President  not  to  exceed  10 
per  centum  a  year,  will  accrue  on  amounts  deposited  under  this  sec- 
tion. However,  the  maximum  amount  upon  which  interest  may  be 
paid  under  this  Act  to  any  member  is  $10,000,  except  that  such  limi- 
tation shall  not  apply  to  deposits  made  on  or  after  September  1, 
1966,  in  the  case  of  those  members  in  a  missing  status,  as  defined  in 
section  551(2)  of  title  37,  during  the  Vietnam  conflict.  Interest 
under  this  subsection  shall  terminate  ninety  days  after  the  member's 
return  to  the  United  States  or  its  possessions.  For  purposes  of  this 
subsection,  the  Vietnam  conflict  begins  on  February  28,  1961,  and 
ends  on  the,  date  designated  by  the  President  by  Executive  order  as 
the  date  of  the  termination  of  combatant  activities  in  Vietnam. 

(c)  Except  as  provided  in  joint  regulations  prescribed  by  the  Sec- 
retaries concerned,  payments  of  deposits,  and  interest  thereon,  may 
not  be  made  to  the  member  while  he  is  on  duty  outside  the  United 
States  or  its  possessions. 

(d)  An  amount  deposited  under  this  section,  with  interest  thereon, 
is  exempt  for  liability  for  the  member's  debts,  including  any  indebt- 
edness to  the  United  States  or  any  instrumentality  thereof,  and  is 
not  subject  to  forfeiture  by  sentence  of  a  court-martial. 

(e)  The  Secretary  concerned,  or  his  designee,  may  in  the  interest 
of  a  member  who  is  in  a  missing  status  (as  defined  in  section  551(2) 

[Emphasis  supplied.] 


116 


of  title  37)  or  his  dependents,  initiate,  stop,  modify,  and  change 
allotments,  and  authorize  a  withdrawal  of  deposits,  made  under  this 
section,  even  though  the  member  had  an  opportunity  to  deposit 
amounts  under  this  section  and  elected  not  to  do  so.  Interest  may  be 
computed  from  the  day  the  member  entered  a  missing  status  or  Sep- 
tember 1,  1966,  whichever  is  later.  (Aug.  10,  1956,  ch.  1041,  70A 
Stat.  80;  Aug.  14,  1966,  Pub.  L.  89-538,  §  1(1),  80  Stat.  347;  Xov. 
3,  1967,  Pub.  L.  90-122,  §  1,  81  Stat.  361;  Feb.  26,  1970,  Pub.  L. 
91-200,  84  Stat.  16.) 


10  U.S.C.  1161.  Commissioned  officers  :  limitations  on  dismissal 

(a)  No  commissioned  officer  may  be  dismissed  from  any  armed 
force  except — 

( 1 )  by  sentence  of  a  genera]  court-martial ; 

(2)  in  commutation  of  a  sentence  of  a  general  court-martial; 

or 

(3)  in  time  of  war,  by  order  of  the  President. 

(b)  The  President  may  drop  from  the  rolls  of  any  armed  force 
any  commissioned  officer  (1)  who  has  been  absent  without  authority 
for  at  least  three  months,  or  (2)  who  is  sentenced  to  confinement  in 
a  Federal  or  State  penitentiary  or  correctional  insitution  after 
having  been  found  guilty  of  an  offense  by  a  court  other  than  a 
court-martial  or  other  military  court,  and  whose  sentence  has  become 
final.  (Aug.  10, 1956, ch.  1041, 70A  Stat.  89.) 


[Chapter  133 — Facilities  for  Reserve  Components] 
10  U.S.C.  2231.  Purpose 

The  purpose  of  this  chapter  is  to  provide  for  — 

(1)  the  acquisition,  by  purchase,  lease,  transfer,  construction, 
expansion,  rehabilitation,  or  conversion  of  facilities  necessarv 
for  the  proper  development,  training,  operation,  and  mainte- 
nance of  the  reserve  components  of  the  armed  forces,  including 
troop  housing  and  messing  facilities; 

(2)  the  joint  use  of  those  facilities  by  units  of  two  or  more  of 
those  reserve  components,  to  the  greatest  practicable  extent  for 
efficiency  and  economy ; 

(3)  the  use  of  those  facilities,  in  time  of  war  or  national 
emergency,  by  those  units  and  other  units  of  the  armed  forces, 
to  the  greatest  practicable  extent  for  efficiency  and  economy ;  and 

(4)  any  other  use  of  those  facilities  by  tlie  United  States,  in 
time  of  war  or  national  emergency,  to  the  greatest  practicable 
extent  for  efficiency  and  economy. 

(Aug.  10,  1956,  ch.  "1041,  70A  Stat.  120;  Aug.  29,  1957,  Pub  L 
i-215,  §  1,  71  Stat.  489.)  "  ' 


[Emphasis  supplied.] 


117 


10  U.S.C.  2-233.  Acqi-isitiox 

(a)  Subject  to  sections  2233a.  2234,  2235,  2236,  and  2238  of  this 
title  and  subsection  (c)  of  this  section,  the  Secretary  of  Defense 
may — 

(1)  acquire  by  purchase,  lease,  or  transfer,  and  construct, 
expand,  rehabilitate,  or  convert  and  equip,  such  facilities  as  he 
determines  to  be  necessary  to  carry  out  the  purposes  of  this 
chapter ; 

(2)  contribute  to  any  State  or  Territory,  Puerto  Eico,  or  the 
District  of  Columbia  such  amounts  as  he  determines  to  be  neces- 
sary to  expand,  rehabilitate,  or  convert  facilities  owned  by  it  for 
use  jointly  by  units  of  two  or  more  reserve  components  of  the 
armed  forces: 

(3)  contribute  to  any  State  or  Territory,  Puerto  Kico,  or  the 
District  of  Columbia  such  amounts  as  he  determines  to  be  neces- 
sary to  expand,  rehabilitate,  or  convert  facilities  owned  by  it 
(or  to  acquire,  construct,  expand,  rehabilitate,  or  convert  addi- 
tional facilities)  made  necessary  by  the  conversion,  redesigna- 
tion,  or  reorganization  of  units  of  the  Army  National  Guard  of 
the  United  States  or  the  Air  National  Guard  of  the  United 
States  authorized  by  the  Secretary  of  the  military  department 
concerned;  and 

(4)  contribute  to  any  State  or  Territory,  Puerto  Rico,  or  the 
District  of  Columbia  such  amounts  for  the  acquisition,  construc- 
tion, expansion,  rehabilitation,  or  conversion  by  it  of  additional 
facilities  as  he  determines  to  be  required  by  any  increase  in  the 
strength  of  the  Army  National  Guard  of  the  United  States  or  the 
Air  National  Guard  of  the  United  Statps. 

(b)  Title  to  property  acquired  by  the  United  States  under  subsec- 
tion (a)  (1)  vests  in  the  United  States. 

(c)  The  Secretary  of  Defense  may  delegate  any  of  his  authority 
or  functions  under  this  chapter  to  any  department,  agency,  or  officer 
of  the  Department  of  Defense. 

(d)  The  expenses  of  leasing  property  under  subsection  (a)  (1) 
may  be  paid  from  appropriations  available  for  the  payment  of  rent. 

(e)  The  Secretary  of  Defense  may  procure  advance  planning,  con- 
struction design,  and  architectural  services  in  connection  with  facili- 
ties to  be  established  or  developed  under  this  chapter  which  are  not 
otherwise  authorized  by  law. 

(f )  Facilities  authorized  by  subsection  (a)  shall  not  be  considered 
"military  public  works"  under  the  provisions  of  the  military  con- 
struction authorization  acts  that  repeal  prior  authorizations  for  mili- 
tary public  works.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  121;  Aug.  20, 
1958,  Pub.  L.  85-685,  title  VI,  §  601  (1),  (2),  72  Stat.  664;  Sept.  2, 
1958,  Pub.  L.  85-861,  §  1  (37)-(39),  72  Stat.  1456.) 

[Emphasis  supplied.] 


118 


10  XJ.S.C.  2235.  Administration;  other  use  permitted  by 
Secretary 

(a)  The  Secretary  of  Defense,  after  consulting  the  Committees  on 
Armed  Services  of  the  Senate  and  the  House  of  Representatives  on 
matters  of  policy,  may —  ,  ..... 

(1)  administer,  operate,  maintain,  and  equip  facilities  con- 
structed, expanded,  rehabilitated,  or  converted  under  section 
2233  (a)  (1)  of  this  title  or  otherwise  acquired  and  used  for  the 
purposes  of  this  chapter ; 

(2)  permit  persons  or  organizations  other  than  members  and 
units  of  the  armed  forces  to  use  those  facilities  under  such  leases 
or  other  agreements  as  he  considers  appropriate ;  and 

(3)  cover  the  payments  received  under  those  leases  or  agree- 
ments into  the  Treasury  to  the  credit  of  the  appropriation  from 
which  the  cost  of  maintaining  the  facility,  including  its  utilities 
and  services,  is  paid.  ... 

(b)  The  Secretary  may  not  permit  any  use  or  disposition  to  be 
made  of  a  facility  covered  by  subsection  (a)  that  would  interfere 
with  its  use — 

(1)  for  administering  and  training  the  reserve  components  of 
the  armed  forces ;  or 

(2)  in  time  of  war  or  national  emergency,  by  other  units  of 
the  armed  forces  or  by  the  United  States  for  any  other  purpose. 

(Aug.  10, 1956,  ch.  1041,  70A  Stat.  122.) 


10  XJ.S.C.  2236.  Contributions  to  States  ;  other  use  permitted 
bt  States 

(a)  Contributions  under  section  2233  of  this  title  are  subject  to 
such  terms  as  the  Secretary  of  Defense,  after  consulting  the  Com- 
mittees on  Armed  Services  of  the  Senate  and  the  House  of  Repre- 
sentatives, considers  necessary  for  the  purposes  of  this  chapter. 
Except  as  otherwise  agreed  when  the  contribution  is  made,  a  facility 
provided  by  a  contribution  under  section  2233  (a)  (3)  or  (4)  of  this 
title  may  be  used  jointly  by  units  of  two  or  more  reserve  components 
of  the  armed  forces  only  to  the  extent  that  the  State  or  Territory, 
Puerto  Rico,  or  the  District  of  Columbia,  whichever  is  concerned, 
considers  practicable. 

(b)  A  contribution  made  for  an  armory  under  section  2233  (a) 
(4)  of  this  title  may  not  be  more  than  75  percent  of  the  cost  of  the 
construction  to  which  it  is  applied.  For  the  purpose  of  computing 
the  cost  of  construction  under  this  subsection,  the  amount  contrib- 
uted by  the  State  or  Territory,  Puerto  Rico,  or  the  District  of 
Columbia,  whichever  is  concerned,  may  not  include  the  cost  or 
market  value  of  any  real  property  that  it  has  contributed. 

(c)  If  a  State  or  Territory,  Puerto  Rico,  or  the  District  of 
Columbia  acquires,  constructs  expands,  rehabilitates,  or  converts  a 
facility  with  amounts  contributed  under  section  2233  of  this  title,  it 
may— 

[Emphasis  supplied.] 


119 


(1)  permit  persons  or  organizations  other  than  members  and 
units  of  the  armed  forces  to  use  the  facility  under  such  leases  or 
other  agreements  as  it  considers  appropriate ;  and 

(2)  apply  amounts  received  under  those  leases  or  agreements 
to  the  cost  of  maintaining  the  facility. 

(d)  Except  as  otherwise  agreed  when  the  contribution  is  made, 
and  except  as  the  agreement  is  later  changed,  a  State  or  Territory, 
Puerto  Eico,  or  the  District  of  Columbia  may  not  permit  any  use  or 
disposition  of  the  facility  that  would  interfere  with  its  use — 

(1)  for  administering  and  training  the  reserve  components  of 
the  armed  forces;  or 

(2)  in  time  of  war  or  national  emergency,  by  other  units  of 
the  armed  forces  or  by  the  United  States  for  any  other  purpose. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  122;  Sept.  2,  1958,  Pub.  L. 
85-861,  §  1  (40),  72  Stat.  1456.) 


10  U.S.C.  2304.  Purchases  and  contracts:  formal  advertising; 

EXCEPTIONS 

(a)  Purchases  of  and  contracts  for  property  or  services  covered 
by  this  chapter  shall  be  made  by  formal  advertising  in  all  cases  in 
which  the  use  of  such  method  is  feasible  and  practicable  under  the 
existing  conditions  and  circumstances.  If  use  of  such  method  is  not 
feasible  and  practicable,  the  head  of  an  agency,  subject  to  the 
requirements  for  determinations  and  findings  in  section  2310,  may 
negotiate  such  a  purchase  or  contract,  if — 

(1)  it  is  determined  that  such  action  is  necessary  in  the  public 
interest  during  a  national  emergency  declared  by  Congress  or 
the  President; 

(2)  the  public  exigency  will  not  permit  the  delay  incident  to 
advertising ; 

(3)  the  aggregate  amount  involved  is  not  more  than  $2,500 ; 

(4)  the  purchase  or  contract  is  for  personal  or  professional 
services ; 

(5)  the  purchase  or  contract  is  for  any  service  by  a  univer- 
sity, college,  or  other  educational  institution ; 

(6)  the  purchase  or  contract  is  for  property  or  services  to  be 
procured  and  used  outside  the  United  States  and  the  Territories, 
Commonwealths,  and  possessions; 

(7)  the  purchase  or  contract  is  for  medicine  or  medical  sup- 
plies ; 

(8)  the  purchase  or  contract  is  for  property  for  authorized 
resale ; 

(9)  the  purchase  or  contract  is  for  perishable  or  nonperisha- 
ble  subsistence  supplies; 

(10)  the  purchase  or  contract  is  for  property  or  services  for 
which  it  is  impracticable  to  obtain  competition ; 

(11)  the  purchase  or  contract  is  for  property  or  services  that 
he  determines  to  be  for  experimental,  developmental,  or  research 


[Emphasis  supplied.] 


120 


work,  or  for  making  or  furnishing  property  for  experiment,  test, 
development,  or  research; 

(12)  the  purchase  or  contract  is  for  property  or  services 
whose  procurement  he  determines  should  not  be  publicly  dis- 
closed because  of  their  character,  ingredients,  or  components ; 

(13)  the  purchase  or  contract  is  for  equipment  that  he  deter- 
mines to  be  technical  equipment  whose  standardization  and  the 
interchangeabilitv  of  whose  parts  are  necessary  in  the  public 
interest  and  whose  procurement  by  negotiation  is  necessary  to 
assure  that  standardization  and  interchangeabilitv  ; 

(14)  The  purchase  or  contract  is  for  technical  or  special 
property  that  he  determines  to  require  a  substantial  initial 
investment  or  an  extended  period  of  preparation  for  manufac- 
ture, and  for  which  he  determines  that  formal  advertising 
would  be  likely  to  result  in  additional  cost  to  the  Government 
by  reason  of  duplication  of  investment  or  would  result  in  dupli- 
cation of  necessary  preparation  which  would  unduly  delay  the 
procurement  of  the  property; 

(15)  the  purchase  or  contract  is  for  property  or  services  for 
which  he  determines  that  the  bid  prices  received  after  formal 
advertising  are  unreasonable  as  to  all  or  part  of  the  require- 
ments, or  were  not  independently  reached  in  open  competition, 
and  for  which  (A)  he  has  notified  each  responsible  bidder  of 
intention  to  negotiate  and  given  him  reasonable  opportunity  to 
negotiate;  (B)  the  negotiated  price  is  lower  than  the  lowest 
rejected  bid  of  any  responsible  bidder,  as  determined  by  the 
head  of  the  agency;  and  (C)  the  negotiated  price  is  the  lowest 
negotiated  price  offered  by  any  responsible  supplier ; 

(16)  he  determines  that  (A)  it  is  in  the  interest  of  national 
defense  to  have  a  plant,  mine,  or  other  facility,  or  a  producer, 
manufacturer,  or  other  supplier,  available  for  furnishing  prop- 
erty or  services  in  case  of  a  national  emergency;  or  (B)  the 
interest  of  industrial  mobilization  in  case  of  such  an  emergency, 
or  the  interest  of  national  defense  in  maintaining  active  engi- 
neering, research,  and  development,  would  otherwise  be  sub- 
served; or 

(17)  negotiation  of  the  purchase  or  contract  is  otherwise 
authorized  by  law. 

(b)  The  data  respecting  the  negotiation  of  each  purchase  or  con- 
tract under  clauses  (1)  and  (7)-(17)  of  subsection  (a)  shall  be  kept 
by  the  contracting  agency  for  six  years  after  the  date  of  final  pay- 
ment on  the  contract. 

(c)  This  section  does  not  authorize — 

(1)  the  negotiation  of  a  contract  to  construct  or  repair  any 
building,  road,  sidewalk,  sewer  main,  or  similar  item,  unless— 

(A)  it  is  made  under  clauses  (l)-(3),  (10)-(12),  or  (15) 
of  subsection  (a) ;  or 
...  (B)  it  is  to  be  performed  outside  the  United  States;  or 

(2)  the  erection,  repair,  or  furnishing  of  any  public  building 
or  public  improvement.  ° 

(d)  Whenever  the  head  of  the  agency  determines  it  to  be  practica- 
ble, such  advance  publicity  as  he  considers  suitable  with  regard  to 

[Emphasis  supplied.] 


121 


the  property  involved  and  other  relevant  considerations  shall  be 
given  for  a  period  of  at  least  15  days  before  making  a  purchase  of 
or  contract  for  property,  or  a  service,  under  clause  (7)  or  (8)  of 
subsection  (a)  involving  more  than  $10,000. 

(e)  A  report  shall  be  made  to  Congress,  on  May  19  and  November 
19  of  each  year,  of  the  purchases  and  contracts  made  under  clauses 

(11)  and  (16)  of  subsection  (a)  during  the  period  since  the  date  of 
the  last  report.  The  report  shall — 

(1)  name  each  contractor; 

(2)  state  the  amount  of  each  contract ;  and 

(3)  describe,  with  consideration  of  the  national  security,  the 
property  and  services  covered  by  each  contract. 

(f)  For  the  purposes  of  the  following  laws,  purchases  or  contracts 
negotiated  under  this  section  shall  be  treated  as  if  they  were  made 
with  formal  advertising: 

(1)  Sections  35-45  of  title  41. 

( 2 )  Sections  276a-276a-5  of  title  40. 

(3)  Sections  324  and  325a  of  title  40. 

(g)  In  all  negotiated  procurements  in  excess  of  $2,500  in  which 
rates  or  prices  are  not  fixed  by  law  or  regulation  and  in  which  time 
of  delivery  will  permit,  proposals,  including  price,  shall  be  solicited 
from  the  maximum  number  of  qualified  sources  consistent  with  the 
nature  and  requirements  of  the  supplies  or  services  to  be  procured, 
and  written  or  oral  discussions  shall  be  conducted  with  all  responsi- 
ble offerors  who  submit  proposals  within  a  competitive  range,  price, 
and  other  factors  considered:  Provided,  however,  That  the  require- 
ments of  this  subsection  with  respect  to  written  or  oral  discussions 
need  not  be  applied  to  procurements  in  implementation  of  author- 
ized set-aside  programs  or  to  procurements  where  it  can  be  clearly 
demonstrated  from  the  existence  of  adequate  competition  or  accurate 
prior  cost  experience  with  the  product,  that  acceptance  of  an  initial 
proposal  without  discussion  would  result  in  fair  and  reasonable 
prices  and  where  the  request  for  proposals  notifies  all  offerors  of  the 
possibility  that  award  may  be  made  without  discussion. 

(h)  Except  in  a  case  where  the  Secretary  of  Defense  determines 
that  military  requirements  necessitate  specification  of  container  sizes, 
no  contract  for  the  carriage  of  Government  property  in  other  than 
Government-owned  cargo  containers  shall  require  carriage  of  such 
property  in  cargo  containers  of  any  stated  length,  height,  or  width. 
(Aug.  10,  1956,  ch.  1041,  70A  Stat.  128;  Aug.  28,  1958,  Pub.  L. 
85-800,  §  8,  72  Stat.  967;  Sept.  2,  1958,  Pub.  L.  85-861,  §  33(a) 

(12)  ,  72  Stat.  1565;  Sept.  10,  1962,  Pub.  L.  87-653,  §  l(a)-(c),  76 
Stat.  528;  Mar.  16,  1968,  Pub.  L.  90-286,  §  5,  82  Stat.  50;  Sept.  20, 
1968,  Pub.  L.  90-500,  title  IV,  §405,  82  Stat.  851.) 

-NOTE- 
Excerit  from  House  Reft.  109,  80th  Cong.,  1st  Sess.  (1947) 

The  principle  underlying  this  provision  has  been  pre- 
viously recognized  in  the  Act  of  June  16,  1938  (52  Stat. 
707  ;  50  U.S.C.  91),  under  which  the  Secretary  of  War  is 
authorized,  subject  to  the  approval  of  the  President,  to 


122 


place  so-called  educational  orders  for  special  munitions  with 
selected  commercial  concerns  for  the  purpose  of  familiariz- 
ing them  with  the  manufacture  of  such  munitions  and 
accessories  and  parts  thereof.  Even  before,  the  war,  the  lack 
of  such  authorization  proved  disadvantageous  to  the  Navy. 
It  is  anticipated  that  only  a  small  number  of  contracts  will 
be  placed  under  this  provision.  The  requirement  that  any 
determinations  made  under  this  subsection  be  approved  by 
the  President  and  reported  to  the  Congress  will  assure  close 
scrutiny  of  their  necessity. 

*  *****  * 

The  experiences  gained  during  World  War  II  make  it 
essential  that  the  War  and  Navy  Departments  have  the 
powers  inherent  in  this  provision.  We  cannot  depend  upon 
the  hope  that  in  future  emergencies  there  will  be  time  for 
the  reorganization  of  our  industrial  strength  for  the  needs 
of  war.  This  exception  gives  the  armed  services  power  to 
use  negotiated  procurement  as  a  dynamic  instrument  of  pre- 
paredness, and  to  take  into  consideration  such  factors  as 
geographical  location,  avoidance  of  over  concentration  in  a 
few  companies,  and  maintenance  of  a  basic  core  of  plants, 
facilities,  skills,  and  personnel,  around  which  there  can  be 
expansion  when  it  is  urgently  needed. 

******* 

Also,  through  the  use  of  educational  orders  the  services 
can  constantly  develop  the  industrial  facilities  and  produc- 
tion know-how  necessary  to  keep  abreast  of  the  industrial 
requirements  arising  out  of  the  discovery  and  application  of 
new  weapons.  Without  such  powers,  the  plants,  facilities, 
skills,  and  personnel  needed  during  an  emergency  may  atro- 
phy through  disuse  or  may  not  be  constructed  and  ready 
for  use. 


IF  DETERMINED  TO  BE  NECESSARY  IN  THE  PUBLIC  INTEREST 
DURING  THE  PERIOD  OF  A  NATIONAL  EMERGENCY  DECLARED  BY 
THE  PRESIDENT 

A  vital  defect  in  preemergency  legislation  was  the 
absence  of  any  provision  permitting,  in  the  event  of 
national  danger,  suspension  of  the  advertisement  method  of 
procurement  and  the  simultaneous  substitution  therefor  of 
procurement  procedures  suitable  for  wartime.  With  the 
prospect  that  any  future  war  may  start  with  great  sudden- 
ness, minimum  preparedness  requires  that  legislation  be 
available  to  permit  the  shedding  of  peacetime  requirements 
simultaneously  with  the  declaration  of  any  emergency  by 
the  President.  The  bill  would  empower  the  War  and  Navy 
Departments,  in  such  an  event,  to  procure  by  negotiation 
rather  than  by  advertising. 

******  # 

[Emphasis  supplied.] 


123 


The  bill  provides  small  business  concerns  with  an  oppor- 
tunity to  secure  a  fair  proportion  of  the  total  value  of  all 
purchases  and  contracts  by  requiring  the  Services  to  pro- 
cure supplies  and  services  in  reasonably  small  lots  when  not 
of  manifest  disadvantage  and  to  give  suitable  advance  pub- 
licity of  their  intention  to  negotiate  contracts  for  certain 
supplies  and  services.  The  committee  believes  that  this  will 
not  only  benefit  small  business  but  will  also  assist  the  Serv- 
ices in  the  development  of  a  larger  number  of  known  and 
capable  suppliers  geographically  spread  over  the  entire 
country  instead  of  in  concentrated  centers,  thus  affording 
added  production  security  in  the  event  of  any  emergency 
and  establishing  insurance  against  acute  production  bottle- 
necks; .  .  . 


10  U.S.C.  2542.  Equipment  for  instruction  and  practice: 
American  National  Red  Cross 

The  Secretary  of  a  military  department,  under  regulations  to  be 
prescribed  by  him,  may  lend  equipment  under  the  jurisdiction  of 
that  department  that  is  on  hand,  and  that  can  be  temporarily 
spared,  to  any  organization  formed  by  the  American  National  Eed 
Cross  that  needs  it  for  instruction  and  practice  for  the  purpose  of 
aiding  the  Army,  Navy,  or  Air  Force  in  time  of  war.  The  Secretary 
shall  by  regulation  require  the  immediate  return,  upon  request,  of 
equipment  lent  under  this  section.  The  Secretary  shall  require  a 
bond,  in  double  the  value  of  the  property  issued  under  this  section, 
for  the  care  and  safekeeping  of  that  property  and  for  its  return 
when  required.  (Aug.  10, 1956,  ch.  1041,  70A  Stat.  142.) 


10  TJ.S.C.  2602.  American  National  Red  Cross:  cooperation  and 

ASSISTANCE 

(a)  Whenever  the  President  finds  it  necessary,  he  may  accept  the 
cooperation  and  assistance  of  the  American  National  Red  Cross,  and 
employ  it  under  the  armed  forces  under  regulations  to  be  prescribed 
by  the  Secretary  of  Defense. 

(b)  Personnel  of  the  American  National  Red  Cross  who  are  per- 
forming duties  in  connection  with  its  cooperation  and  assistance 
under  subsection  (a)  may  be  furnished — 

(1)  transportation,  at  the  expense  of  the  United  States,  while 
traveling  to  and  from,  and  while  performing,  those  duties,  in 
the  same  manner  as  civilian  employees  of  the  armed  forces ; 

(2)  meals  and  quarters,  at  their  expense  or  at  the  expense  of 
the  American  National  Red  Cross,  except  that  where  civilian 
employees  of  the  armed  forces  are  quartered  without  charge, 
employees  of  the  American  National  Red  Cross  may  also  be 
quartered  without  charge;  and 

(3)  available  office  space,  warehousing,  wharfage,  and  means 
of  communication,  without  charge. 

[Emphasis  supplied.] 


124 


(c)  No  fee  may  be  charged  for  a  passport  issued  to  an  employee 
of  the  American  National  Red  Cross  for  travel  outside  the  United 
States  to  assume  or  perform  duties  under  this  section. 

(d)  Supplies  of  the  American  National  Red  Cross,  including  gifts 
for  the  use  of  the  armed  forces,  may  be  transported  at  the  expense 
of  the  United  States,  if  it  is  determined  under  regulations  pre- 
scribed under  subsection  (a)  that  they  are  necessary  to  the  coopera- 
tion and  assistance  accepted  under  this  section. 

(e)  For  the  purposes  of  this  section,  employees  of  the  American 
National  Red  Cross  may  not  be  considered  as  employees  of  the 
United  States.  (Aug.  10, 1956,  ch.  1041,  70A  Stat.  145.) 


10  U.S.C.  2604.  United  Seamen's  Service:  cooperation  and 

ASSISTANCE 

(a)  Whenever  the  President  finds  it  necessary  in  the  interest  of 
United  States  commitments  abroad  to  provide  facilities  and  services 
for  United  States  merchant  seamen  in  foreign  areas,  he  may  author- 
ize the  Secretary  of  Defense,  under  such  regulations  as  the  Secretary 
may  prescribe,  to  cooperate  with  and  assist  the  United  Seamen's 
Service  in  establishing  and  providing  those  facilities  and  services. 

(b)  Personnel  of  the  United  Seamen's  Service  who  are  perform- 
ing duties  in  connection  with  the  cooperation  and  assistance  under 
subsection  (a)  may  be  furnished — 

(1)  transportation,  at  the  expense  of  the  United  States,  while 
traveling  to  and  from,  and  while  performing  those  duties,  in  the 
same  manner  as  civilian  employees  of  the  armed  forces ; 

(2)  meals  and  quarters,  at  their  expense  or  at  the  expense  of 
the  United  Seamen's  Service,  except  that  where  civilian  employ- 
ees of  the  armed  forces  are  quartered  without  charge,  employees 
of  the  United  Seamen's  Service  may  also  be  quartered  without 
charge;  and 

(3)  available  office  space  (including  space  for  recreational 
activities  for  seamen),  warehousing,  wharfage,  and  means  of 
communication,  without  charge. 

(c)  No  fee  may  be  charged  for  a  passport  issued  to  an  employee 
of  the  United  Seamen's  Service  for  travel  outside  the  United  States 
to  assume  or  perform  duties  under  this  section. 

(d)  Supplies  of  the  United  Seamen's  Service,  including  gifts  for 
the  use  of  merchant  seamen,  may  be  transported  at  the  expense  of 
the  United  States,  if  it  is  determined  under  regulations  prescribed 
under  subsection  (a)  that  they  are  necessary  to  the  cooperation  and 
assistance  provided  under  this  section. 

(e)  Where  practicable,  the  President  shall  also  make  arrange- 
ments to  provide  for  convertibility  of  local  currencies  for  the  United 
Seamen's  Service,  in  connection  with  its  activities  under  subsection 
(a). 

(f )  For  the  purposes  of  this  section,  employees  of  the  United  Sea- 
men's Service  may  not  be  considered  as  employees  of  the  United 

[Emphasis  supplied.] 


125 


States.  (Added  Pub.  L.  91-603,  §  3(1),  Dec.  31,  1970,  84  Stat. 
1674.) 

—NOTE— 

Excerpt  from  Senate  Kept.  890,  80th  Cong.,  2d  Sess.  (1948) 

Under  the  temporary  wartime  authority  contained  in  Pub- 
lic Law  779,  Seventy-seventh  Congress,  as  amended  by  the 
Seventy-ninth  Congress,  the  Array  and  Navy  Departments 
are  providing  transportation  to  and  from  work  for  personnel 
working  in  installations  which  are  not  served  with  adequate 
commercial  facilities.  It  frequently  happens  that  installations 
operated  by  the  armed  services  are  relatively  much  more  iso- 
lated with  respect  to  residential  areas  than  is  usually  the  case 
with  permanent  civilian  industrial  plants.  In  such  cases,  a 
requirement  for  transportation  exists  only  during  the  going- 
to-work  and  the  away-from-work  periods.  Furthermore,  the 
installation  is  frequently  temporary  and  for  that  reason  the 
providing  of  transportation  facilities  is  often  not  attractive 
to  commercial  carriers.  The  effect  of  these  factors  is  to  make  it 
necessary  for  the  armed  services  to  continue  the  wartime  prac- 
tice of  providing  to-and-from-work  transportation  for  em- 
ployees at  these  installations  which  are  not  adequately  served 
by  commercial  means. 


10  TJ.S.C.  2632.  Transportation  to  and  from  certain  places  op 
employment 

(a)  Whenever  the  Secretary  of  a  military  department  determines 
that  it  is  necessary  for  the  effective  conduct  of  the  affairs  of  that 
department,  he  may,  at  reasonable  rates  of  fare  fixed  under  regula- 
tions to  be  prescribed  by  him,  provide  assured  and  adequate  trans- 
portation by  motor  vehicle  or  water  carrier  to  and  from  their  places 
of  employment  for  persons  attached  to,  or  employed  in,  that  depart- 
ment, and  during  a  war  or  during  a  national  emergency  declared  by 
Congress  or  the  President,  for  persons  attached  to,  or  employed  in,  a 
private  plant  that  is  manufacturing  material  for  that  department. 

(b)  Transportation  may  not  be  provided  under  subsection  (a) 
unless  the  Secretary  of  the  military  department  concerned,  or  an 
officer  of  the  department  concerned  designated  by  the  Secretary, 
determines  that — 

(1)  other  facilities  are  inadequate  and  cannot  be  made  ade- 
quate; . 

(2)  a  reasonable  effort  has  been  made  to  induce  operators  of 
private  facilities  to  provide  the  necessary  transportation ;  and 

(3)  the  service  to  be  furnished  will  make  proper  use  of  trans- 
portation facilities  and  will  supply  the  most  efficient  transporta- 
tion to  the  persons  concerned. 


[Emphasis  supplied.] 


126 


(c)  To  provide  transportation  under  subsection  (a),  the  depart- 
ment may — 

(1)  buy,  lease,  or  charter  motor  vehicles  or  water  earners 
having  a  seating  capacity  of  12  or  more  passengers; 

(2)  maintain  and  operate  that  equipment  by — 

(A)  enlisted  members  of  the  Army,  Navy,  Air  Force  or 
Marine  Corps,  as  the  case  may  be; 

( B )  employees  of  the  department  concerned ;  and 

(C)  private  persons  under  contract;  and 

(3)  lease  or  charter  the  equipment  to  private  or  public  car- 
riers for  operation  under  terms  that  are  considered  necessary  by 
the  Secretary  or  by  an  officer  of  the  department  designated  by 
the  Secretary,  and  that  may  provide  for  the  pooling  of  Govern- 
ment-owned and  privately  owned  equipment  and  facilities  and 
for  the  reciprocal  use  of  that  equipment. 

(d)  Fares  received  under  subsection  (a),  and  proceeds  of  the  leas- 
ing or  chartering  of  equipment  under  subsection  (c)  (3),  shall  be 
covered  into  the  Treasury  as  miscellaneous  receipts.  (Aug.  10,  1956, 
ch.  1041,  70A  Stat.  146.) 


10  U.S.C.  2663.  Acquisition 

(a)  The  Secretary  of  a  military  department  may  have  proceedings 
brought  in  the  name  of  the  United  States,  in  a  court  of  proper  juris- 
diction, to  acquire  by  condemnation  any  interest  in  land,  including 
temporary  use,  needed  for — 

(1)  the  site,  construction,  or  operation  of  fortifications,  coast 
defenses,  or  military  training  camps; 

(2)  the  construction  and  operation  of  plants  for  the  produc- 
tion of  nitrate  and  other  compounds,  and  the  manufacture  of 
explosives  or  other  munitions  of  war ;  or 

(3)  the  development  and  transmission  of  power  for  the  oper- 
ation of  plants  under  clause  (2) . 

(b)  In  time  of  war  or  when  war  is  imminent,  the  United  States 
may,  immediately  upon  the  filing  of  a  petition  for  condemnation 
under  subsection  (a),  take  and  use  the  land  to  the  extent  of  the 
interest  sought  to  be  acquired. 

(c)  The  Secretary  of  the  military  department  concerned  may  con- 
tract for  or  buy  any  interest  in  land,  including  temporary  use, 
needed  for  any  purpose  named  in  subsection  (a),  as  scon  as  the 
owner  fixes  a  price  for  it  and  the  Secretary  considers  that  price  to 
be  reasonable. 

(d)  The  Secretary  of  the  military  department  concerned  may 
accept  for  the  United  States  a  gift  of  any  interest  in  land,  including 
temporary  use,  for  any  purpose  named  in  subsection  (a).  (Aug.  10, 
1956,  ch.  1041,  70A  Stat.  147-;  Sept.  2,  1958,  Pub.  L.  85-861,  §  33 
(a)  (14),  72  Stat.  1565.) 

[Emphasis  supplied.] 


127 


— N  O  T  E — 

Excerpt  from  Senate  Kept.  55,  65th  Cong.,  1st  Sess.  (1917) 

In  making  preparation  for  the  mobilization  and  training 
of  the  military  forces  to  be  raised  under  the  provisions  of 
the  act  approved  May  18,  1917,  it  will  be  necessary  to  pro- 
vide extensive  camp  or  cantonment  sites  in  various  parts  of 
the  country  far  in  excess  of  the  existing  facilities.  It  is 
manifestly  impracticable  to  secure  adequate  and  sufficient 
sites  by  private  negotiation,  and  some  means  must  be  pro- 
vided by  which  the  Government  can  obtain  such  sites  at 
reasonable  prices  and  with  the  greatest  possible  expedition. 
The  'proposed  measure  is  simply  an  extension  of  the  power 
of  the  (Government  over  lands  for  purposes  other  than  mili- 
tary. There  appears  to  be  no  statute  expressly  authorizing 
in  general  terms  the  condemnation  of  private  property  for 
this  purpose. 


10  U.S.C.  2664.  Acquisition  of  property  for  lumber  production 

(a)  The  Secretary  of  a  military  department,  the  Secretary  of 
Commerce,  and  the  Chairman  of  the  Federal  Maritime  Board,  or 
any  one  or  more  of  them,  may  have  proceedings  brought  in  the  name 
of  the  United  States  to  acquire  by  condemnation  any  interest  in 
property  named  in  subsection  (b),  including  temporary  use,  and 
needed  for — 

(1)  the  production  of  aircraft,  vessels,  dry  docks,  or  equip- 
ment for  them ; 

(2)  the  procurement  of  supplies  for  aircraft,  vessels,  and  dry 
docks;  or 

(3)  housing  for  persons  employed  by  the  United  States  in 
connection  with  functions  of  the  Army,  Navy,  Air  Force,  or 
Marine  Corps,  or  the  functions  transferred  to  the  Secretary  of 
Commerce  or  the  Federal  Maritime  Board  by  1950  Reorganiza- 
tion Plan  No.  21,  effective  May  24,  1950  (64  Stat.  1273),  as  the 
case  may  be. 

(b)  The  kinds  of  property  that  may  be  acquired  by  condemnation 
under  subsection  (a)  are — 

( 1 )  standing  or  fallen  timber ; 

(2)  sawmills; 

(3)  camps; 

(4)  machinery; 

(5)  logging  roads; 

(6)  rights-of-way; 

(7)  supplies;  and 

(8)  works,  property,  or  appliances  suitable  for  the  production 
of  lumber  and  timber  products. 

[Emphasis  supplied.] 


128 


(c)  Jurisdiction  over  condemnation  proceedings  under  this  section 
is  vested  in  the  United  States  District  Court  for  the  district  in 
which  the  property,  or  any  part  of  it,  sought  to  be  condemned  is 
located,  regardless  of  its  value. 

(d)  In  time  of  war  or  when  war  is  imminent,  the  United  States 
may,  immediately  upon  the  filing  of  a  petition  for  condemnation 
under  subsection  (a),  take  and  use  the  property  to  the  extent  of  the 
interest  sought  to  be  acquired. 

(e)  A  person  named  in  subsection  (a)  may  contract  for  or  buy  any 
interest  m  property  named  in  subsection  (b),  including  temporary 
use,  needed  for  any  purpose  named  in  subsection  (a),  as  soon  as  the 
owner  fixes  a  price  for  it  and  that  person  considers  that  price  to  be 
reasonable. 

(f)  A  person  named  in  subsection  (a)  may  accept  for  the  United 
States  a  gift  of  any  property  named  in  subsection  (b),  including 
temporary  use,  for  any  purpose  named  in  subsection  (a).  (Aug.  10, 
1956,  ch.  1041,  70A  Stat.  148;  Sept.  2,  1958,  Pub.  L.  85-861,  §  33 
(a)  (15),  72  Stat.  1565.) 


10  U.S.C.  2667.  Leases:  non-excess  property 

(a)  Whenever  the  Secretary  of  a  military  department  considers  it 
advantageous  to  the  United  States,  he  may  lease  to  such  lessee  and 
upon  such  terms  as  he  considers  will  promote  the  national  defense  or 
be  in  the  public  interest,  real  or  personal  property  that  is — 

(1)  under  the  control  of  that  department; 

(2)  not  for  the  time  needed  for  public  use;  and 

(3)  not  excess  property,  as  defined  by  section  472  of  title  40. 

(b)  A  lease  under  subsection  (a) — 

(1)  may  not  be  for  more  than  five  years,  unless  the  Secretary 
concerned  determines  that  a  lease  for  a  longer  period  will  pro- 
mote the  national  defense  or  be  in  the  public  interest ; 

(2)  may  give  the  lessee  the  first  right  to  buy  the  property  if 
the  lease  is  revoked  to  allow  the  United  States"  to  sell  the  prop- 
erty under  any  other  provision  of  law ; 

(3)  must  permit  the  Secretary  to  revoke  the  lease  at  any  time, 
unless  he  determines  that  the  omission  of  such  a  provision  will 
promote  the  national  defense  or  be  in  the  public  interest; 

(4)  must  be  revocable  by  the  Secretary  during  a  national 
emergency  declared  by  the  President;  and 

(5)  may  provide,  notwithstanding  section  303b  of  title  40  or 
any  other  provision  of  law,  for  the  maintenance,  protection, 
repair,  or  restoration,  by  the  lessee,  of  the  property  leased,  or  of 
the  entire  unit  or  installation  where  a  substantial  part  of  it  is 
leased,  as  part  or  all  of  the  consideration  for  the  lease. 

(c)  This  section  does  not  apply  to  oil,  mineral,  or  phosphate 
lands. 

(d)  Money  rentals  received  by  the  United  States  directly  from  a 
lease  under  this  section  shall  be  covered  into  the  Treasury  as  miscel- 

[Emphasis  supplied.] 


129 


laneons  receipts.  Payments  for  utilities  or  services  furnished  to  the 
lessee  under  such  a  lease  by  the  department  concerned  may  be  cov- 
ered into  the  Treasury  to  the  credit  of  the  appropriation  from  which 
the  cost  of  f  urnishing  them  was  paid. 

(e)  The  interest  of  a  lessee  of  property  leased  under  this  section 
may  be  taxed  by  State  or  local  governments.  A  lease  under  this  sec- 
tion shall  provide  that,  if  and  to  the  extent  that  the  leased  property 
is  later  made  taxable  by  State  or  local  governments  under  an  act  of 
Congress,  the  lease  shall  be  renegotiated.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  150.) 


10  U.S.C.  2674.  Establishment  and  development  of  military 

FACILITIES  AND  INSTALLATIONS  COSTING  LESS  THAN  $300,000 

(a)  Under  such  regulations  as  the  Secretary  of  Defense  may  pre- 
scribe, the  Secretary  of  a  military  department  may  acquire,  con- 
struct, convert,  extend,  and  install,  at  military  installations  and 
facilities,  urgently  needed  permanent  or  temporary  public  works  not 
otherwise  authorized  by  law,  including  the  preparation  of  sites  and 
the  furnishing  of  appurtenances,  utilities,  and  equipment,  but  exclud- 
ing the  construction  of  family  quarters.  However,  a  determination 
that  a  project  is  urgently  needed  is  not  required  for  a  project  cost- 
ing not  more  than  $50,000. 

(b)  This  section  does  not  authorize,  a  project  costing  more  than 
$300,000.  A  project  costing  more  than  $100,000  must  be  approved  in 
advance  by  the  Secretary  of  Defense,  and  a  project  costing  more 
than  $50,000  must  be  approved  in  advance  by  the  Secretary  con- 
cerned. 

(c)  Not  more  than  one  allotment  may  be  made  for  any  project 
authorized  under  this  section. 

(d)  Not  more  than  $50,000  may  be  spent  under  this  section  during 
a  fiscal  year  to  convert  structures  to  family  quarters  at  any  one 
installation  or  facility. 

(e)  Appropriations  available  for  military  construction  may  be 
used  for  the  purposes  of  this  section.  In  addition,  the  Secretary  con- 
cerned may  spend,  from  appropriations  available  for  maintenance 
and  operations,  amounts  necessary  for  any  project  costing  not  more 
than  $50,000  that  is  authorized  under  this  section. 

(f)  .The  Secretary  of  each  military  department  shall  report  in 
detail  every  six  months  to  the  Committees  on  Armed  Services  of  the 
Senate  and  House  of  Representatives  on  the  administration  of  this 
section.  (Added  Pub.  L.  85-861,  §  1  (51),  Sept.  2,  1958,  72  Stat. 
1459,  and  amended  Pub.  L.  87-651,  title  I,  §  112(b),  Sept.  7,  1962, 
76  Stat  511 ;  Pub.  L.  88-174,  title  VI,  608,  Nov.  7,  1963.  77  Stat. 
328-  Pub.  Jj.  89-188,  title  VI,  §  613,  Sept.  16,  1965,  79  Stat.  819; 
Pub  L.  89-568,  title  VI,  §  608.  Sept.  12,  1966,  80  Stat  756;  Pub.  L. 
91-511,  title  VI,  §  607  (2)-(4),  Oct.  26, 1970,  84  Stat.  1224.) 

[Emphasis  supplied.] 


130 


10  U.S.C.  2733.  Property  los6;  personal  injury  or  death  :  incident 
to  noncombat  activities  of  department  of  army,  navy,  or  alr 
Force 

(a)  Under  such  regulations  as  the  Secretary  concerned  may  pre- 
scribe, he,  or,  subject  to  appeal  to  him,  the  Judge  Advocate  General 
of  an  armed  force  under  his  jurisdiction,  or  the  chief  legal  officer  of 
the  Coast  Guard,  as  appropriate,  if  designated  by  him,  may  settle, 
and  pay  in  an  amount  not  more  than  $15,000,  a.  claim  against  the 
United  States  for — 

(1)  damage  to  or  loss  of  real  property,  including  damage  or 
loss  incident  to  use  and  occupancy ; 

(2)  damage  to  or  loss  of  personal  property,  including  prop- 
erty bailed  to  the  United  States  and  including  registered  or 
insured  mail  damaged,  lost,  or  destroyed  by  a  criminal  act  while 
in  the  possession  of  the  Army,  Navy,  Air  Force,  Marine  Corps, 
or  Coast  Guard,  as  the  case  may  be ;  or 

(3)  personal  injury  or  death ; 

either  caused  by  a  civilian  officer  or  employee  of  that  department,  or 
the  Coast  Guard,  or  a  member  of  the  Army,  Xavy,  Air  Force, 
Marine  Corps,  or  Coast  Guard,  as  the  case  may  be,  acting  within  the 
scope  of  his  employment,  or  otherwise  incident  to  noncombat  activi- 
ties of  that  department,  or  the  Coast  Guard. 

(b)  A  claim  may  be  allowed  under  subsection  (a)  only  if — 

(1)  it  is  presented  in  writing  within  two  years  after  it 
accrues,  except  that  if  the  claim  accrues  in  time  of  war  or 
armed  conflict  or  if  such  a  war  or  armed  conflict  intervenes 
within  two  years  after  it  accrues,  and  if  good  cause  is  shown, 
the  claim  may  be  presented  not  later  than  two  years  after  the 
war  or  armed  conflict  is  terminated ; 

(2)  it  is  not  covered  by  section  2734  of  this  title  or  section 
2672  of  title  28; 

(3)  it  is  not  for  personal  injury  or  death  of  such  a  member  or 
civilian  officer  or  employee  whose  injury  or  death  is  incident  to 
his  service ; 

(4)  the  damage  to,  or  loss  of,  property,  or  the  personal  injury 
or  death,  was  not  caused  wholly  or  partly  by  a  negligent  or 
wrongful  act  of  the  claimant,  his  agent,  or  his  employee;  or,  if 
so  caused,  allowed  only  to  the  extent  that  the  law  of  the  place 
where  the  act  or  omission  complained  of  occurred  would  permit 
recovery  from  a  private  individual  under  like  circumstances; 
and 

(5)  it  is  substantiated  as  prescribed  in  regulations  of  the  Sec- 
retary concerned. 

For  the  purposes  of  clause  (1),  the  dates  of  the  beginning  and 
ending  of  an  armed  conflict  are  the  dates  established  by  concurrent 
resolution  of  Congress  or  by  a  determination  of  the  President. 

(c)  Payment  may  not  be  made  under  this  section  for  reimburse- 
ment for  medical,  hospital,  or  burial  services  furnished  at  the 
expense  of  the  United  States. 

[Emphasis  supplied.] 


131 


(d)  If  the  Secretary  concerned  considers  that  a  claim  in  excess  of 
$15,000  is  meritorious  and  would  otherwise  be  covered  by  this  sec- 
tion, he  may  pay  the  claimant  $15,000  and  report  the  excess  to  Con- 
gress for  its  consideration. 

(e)  Except  as  provided  in  subsection  (d),  no  claim  may  be  paid 
under  this  section  unless  the  amount  tendered  is  accepted  by  the 
claimant  in  full  satisfaction. 

(f)  For  the  purposes  of  this  section,  a,  member  of  the  Environ- 
mental Science  Services  Administration  or  of  the  Public  Health 
Service  who  is  serving  with  the  Navy  or  Marine  Corps  shall  be 
treated  as  if  he  were  a  member  of  that  armed  force. 

(g)  In  any  case  where  the  amount  to  be  paid  is  not  more  than 
$2,500,  the  authority  contained  in  subsection  (a)  may  be  delegated  to 
any  officer  of  an  armed  force  under  the  jurisdiction  of  the  depart- 
ment concerned,  subject  to  appeal  to  the  Secretary  concerned,  or  his 
designee  for  that  purpose. 

(h)  Under  such  regulations  as  the  Secretary  of  Defense  may  pre- 
scribe, he  or  his  designee  has  the  same  authority  as  the  Secretary  of 
a  military  department  under  this  section  with  respect  to  the  settle- 
ment of  claims  based  on  damage,  loss,  personal  injury,  or  death 
caused  by  a  civilian  officer  or  employee  of  the  Department  of 
Defense  acting  within  the  scope  of  his  employment  or  otherwise 
incident  to  noncombat  activities  of  that  department.  (Aug.  10,  1956, 
ch.  1041,  70A  Stat.  153;  Aug.  23,  1958,  Pub.  L.  85-729,  72  Stat.  813; 
Sept.  2,  1958.  Pub.  L.  85-861,  §  1(54),  72  Stat.  1461;  Nov.  2,  1966, 
Pub.  L.  89-718,  §  8(a),  80  Stat.  1117;  Sept.  26,  1968,  Pub.  L. 
90-522,  82  Stat.  875;  Sept.  26,  1968,  Pub.  L.  90-525,  §§  1,  3,  4,  5, 
82  Stat.  877,  878 ;  July  8, 1970,  Pub.  L.  91-312,  §  2,  84  Stat.  412.) 


10  U.S.C.  2734.  Property  loss  ;  personal  injury  or  death  :  inci- 
dent TO  NONCOMBATANT  ACTIVITIES  OF  THE  ARMED  FORCES ;  FOREIGN 
COUNTRIES 

(a)  To  promote  and  maintain  friendly  relations  through  the 
prompt  settlement  of  meritorious  claims  the  Secretary  concerned  or 
any  officer  designated  by  him  may,  under  such  regulations  as  the 
Secretary  may  prescribe,  appoint  one  or  more  claims  commissions, 
each  composed  of  one  or  more  commissioned  officers  of  the  armed 
forces,  to  settle  and  pay  any  claim  for  not  more  than  $15,000,  for — ■ 

(1)  damage  to,  or  loss  of,  real  property  of  any  foreign  coun- 
try or  of  any  political  subdivision  or  inhabitant  of  a  foreign 
country,  including  damages  or  loss  incident  to  use  and  occu- 
pancy ; 

(2)  damage  to,  or  loss  of,  personal  property  of  any  foreign 
country  or  of  any  political  subdivision  or  inhabitant  of  a  for- 
eign country,  including  property  bailed  to  the  United  States ;  or 

(3)  personal  injury  to,  or  death  of,  any  inhabitant  of  a  for- 
eign country ; 

if  the  damage,  loss,  personal  injury,  or  death  occurs  outside  the 
United  States,  or  the  Territories,  Commonwealths,  or  possessions, 


132 


and  is  caused  by,  or  is  otherwise  incident  to  noncombat  activities  of, 
the  armed  forces  under  his  jurisdiction,  or  is  caused  by  a  member 
thereof  or  by  a  civilian  employee  of  the  military  department  con- 
cerned or  the  Coast  Guard,  as  the  case  may  be.  The  claim  of  an 
insured,  but  not  that  of  a  subrogee,  may  be  considered  under  this 
subsection.  In  this  section,  "foreign  country"  includes  any  place 
under  the  jurisdiction  of  the  United  States  in  a  foreign  country.  An 
officer  may  serve  on  a  claims  commission  under  the  jurisdiction  of 
another  armed  force  only  with  the  consent  of  the  Secretary  of  his 
department,  or  his  designee,  but  shall  perform  his  duties  under  regu- 
lations of  the.  department  appointing  the  commission. 

(b)  A  claim  may  be  allowed  under  subsection  (a)  only  if — 

(1)  it  is  presented  within  two  years  after  it  accrues; 

(2)  in  the  case  of  a  national  of  a  country  at  war  with  the 
United  States,  or  of  any  ally  of  that  country,  the  claimant  is 
determined  by  the  commission  or  by  the  local  military  com- 
mander to  be  friendly  to  the  United  States ;  and 

(3)  it  did  not  arise  from  action  by  an  enemy  or  result 
directly  or  indirectly  from  an  act  of  the  armed  forces  of  the 
United  States  in  combat,  except  that  a  claim  may  be  allowed  if 
it  arises  from  an  accident  or  malfunction  incident  to  the  opera- 
tion of  an  aircraft  of  the  armed  forces  of  the  United  States, 
including  its  airborne  ordnance,  indirectly  related  to  combat, 
and  occurring  while  preparing  for,  going  to,  or  returning  from 
a  combat  mission. 

(c)  Allowance  of  a  claim  for  more  than  $2,500  under  subsection 
(a)  may,  by  regulation,  be  made  subject  to  the  approval  of  any  com- 
missioned officer  designated  by  the  Secretary  concerned. 

(d)  If  the  Secretary  concerned  considers  that  a  claim  in  excess  of 
$15,000  is  meritorious  and  would  otherwise  be  covered  by  this  sec- 
tion, he  may  pay  the  claimant  $15,000  and  certify  the  excess  to  Con- 
gress as  a  legal  claim  for  payment  from  appropriations  made  by 
Congress  therefor,  together  with  a  brief  statement  of  the  claim,  the 
amount  claimed,  the  amounts  allowed,  and  the  amount  paid. 

(e)  Except  as  provided  inj  subsection  (d),  no  claim  may  be  paid 
under  this  section  unless  the  amount  tendered  is  accepted  by  the 
claimant  in  full  satisfaction. 

(f)  Upon  the  request  of  the  department  concerned,  a  claim  arising 
in  that  department  and  covered  by  subsection  (a)  may  be  settled  and 
paid  by  a  commission  appointed  under  subsection  (a)  and  composed 
of  officers  of  an  armed  force  under  the  jurisdiction  of  another 
department. 

(g)  Payment  of  claims  against  the  Coast  Guard  arising  while  it  is 
operating  as  a  service  in  the  Department  of  the  Treasury  shall  be 
made  out  of  the  appropriation  for  the  operating  expenses  of  the 
Coast  Guard. 

(h)  The  Secretary  of  Defense  may  designate  any  claims  commis- 
sion appointed  under  subsection  (a)  to  settle  and  pay,  as  provided  in 
this  section,  claims  for  damage  caused  by  a  civilian  employee  of  the 
Department  of  Defense  other  than  an  employee  of  a  military  depart- 
ment. Payments  of  claims  under  this  subsection  shall  be  made  from 

[Emphasis  supplied.] 


133 


appropriations  available  to  the  Office  of  the  Secretary  of  Defense  for 
the  payment  of  claims.  (Aug.  10,  1956,  eh.  1041,  70A  Stat.  154:  Sept. 
2  1958,  Pub.  L.  85-861,  §  1  (55),  72  Stat.  1461;  Sept.  1, 1959,  Pub.  L. 
86-223,  §  1(1),  73  Stat.  453;  Apr.  8,  1960,  Pub.  L.  86^11,  73  Stat. 
16;  Sept.  26,  1968,  Pub.  L.  90-521,  §  1,  3,  82  Stat.  874;  July  8,  1970, 
Pub.  L.  91-312,  §  1,  84  Stat.  412.)  ' 


10  TJ.S.C.  3031.  Composition  :  assignment  and  detail  of  memeees 
of  Army  and  Civilians 

(a)  There  is  in  the  executive  part  of  the  Department  of  the  Army 
an  Armv  Staff  consisting  of — 

(1)  the  chief  of  Staff; 

(2)  the  Vice  Chief  of  Staff; 

(3)  not  more  than  three  Deputy  Chiefs  of  Staff  as  prescribed 
by  the  Secretary  of  the  Army ; 

(4)  not  more  than  five  Assistant  Chiefs  of  Staff,  as  prescribed 
by  the  Secretary ; 

(5)  the  officers  named  in  sections  3036,  3039,  and  3040  of  this 
title; 

(6)  other  members  of  the  Army  assigned  or  detailed  to  the 
Army  Staff ;  and 

(7)  civilians  in  the  Department  of  the  Army  assigned  or 
detailed  to  the  Army  Staff. 

(b)  Except  as  otherwise  specifically  prescribed  by  law,  the  Army 
Staff  shall  be  organized  in  such  manner,  and  its  members  shall  per- 
form such  duties  and  have  such  titles,  as  the  Secretary  may  pre- 
scribe. A  part  of  the  Army  Staff  may  be  designated  as  the  Army 
General  Staff. 

(c)  Not  more  than  3,000  officers  of  the  Army  may  be  assigned  or 
detailed  to  permanent  duty  in  the  executive  part  of  the  Department 
of  the  Army.  Of  this  number  not  more  than  1,000  may  be  detailed 
or  assigned  to  duty  on  or  with  the  Army  General  Staff.  However, 
these  limitations  do  not  apply  in  time  of  war.  or  of  national  emer- 
gency declared  by  Congress,  or  whenever  the  President  finds  that  it 
is  in  the  national  interest  to  increase  the  number  of  officers  in  the 
executive  part  of  the  Department  or  on  or  with  the  Army  General 
Staff.  The  Secretary  shall  report  quarterly  to  Congress  the  number 
of  officers  in  the  executive  part  of  the  Department  of  the  Army  and 
the  number  of  commissioned  officers  on  or  with  the  Army  General 
Staff,  and  the  justification  therefor. 

(d)  No  commissioned  officer  who  is  assigned  or  detailed  to  duty  in 
the  executive  part  of  the  Department  of  the  Army  may  serve  for  a 
tour  of  duty  of  more  than  four  years.  However,  the  Secretary  may 
extend  such  a  tour  of  duty  if  he  makes  a  special  finding  that  the 
extension  is  necessary  in  the  public  interest.  No  officer  may  be 
assigned  or  detailed  to  duty  in  the  executive  part  of  the  Department 
of  the  Army  within  two  years  after  relief  from  that  duty,  except 
upon  a  special  finding  by  the  Secretary  that  the  assignment  or  detail 
is  necessary  in  the  public  interest.  This  subsection  does  not  apply  in 

[Emphasis  supplied.] 


134 


time  of  war,  or  of  national  emergency  declared  by  Congress.  (Aug. 
10, 1956,  ch.  1041,  70A  Stat.  160.) 


10  U.S.C.  3034.  Chief  op  Staff:  appointment;  duties 

(a)  The  Chief  of  Staff  shall  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  for  a  period  of  four 
years,  from  the  general  officers  of  the  Army.  He  serves  during  the 
pleasure  of  the  President.  In  time  of  war  or  national  emergency, 
declared  hy  the  Congress  after  December  31,  1968,  he  may  be  reap- 
pointed for  a  term  of  not  more  than  four  years. 

(b)  The  Chief  of  Staff,  while  so  serving,  has  the  grade  of  general 
without  vacating  his  regular  or  reserve  grade,  and  is  counted  as  one 
of  the  officers  authorized  to  serve  in  a  grade  above  lieutenant  general 
under  section  3066  of  this  title. 

(c)  Except  as  otherwise  prescribed  by  law  and  subject  to  section 
3012  (c)  and  (d)  of  this  title,  the  Chief  of  Staff  performs  his  duties 
under  the  direction  of  the  Secretary  of  the  Army,  and  is  directly 
responsible  to  the  Secretary  for  the  efficiency  of  the  Army,  its  pre- 
paredness for  military  operations,  and  plans  therefor. 

(d)  The  Chief  of  Staff  shall— 

( 1 )  preside  over  the  Army  Staff ; 

(2)  send  the  plans  and  recommendations  of  the  Army  Staff  to 
the  Secretary,  and  advise  him  with  regard  thereto ; 

(3)  after  approval  of  the  plans  or  recommendations  of  the 
Army  Staff  by  the  Secretary,  act  as  the  agent  of  the  Secretary 
in  carrying  them  into  effect ; 

(4)  exercise  supervision  over  such  of  the  members  and  organi- 
zations of  the  Army  as  the  Secretary  of  the  Army  determines. 
Such  supervision  shall  be  exercised  in  a  manner  consistent  with 
the  full  operational  command  vested  in  unified  or  specified  com- 
batant commanders  under  section  124  of  this  title; 

(5)  perform  the  duties  described  for  him  by  sections  141  and 
171  of  this  title  and  other  provisions  of  law :  and 

(6)  perform  such  other  military  duties,  not  otherwise 
assigned  by  law,  as  are  assigned  to  him  by  the  President. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  162;  Aug.  6,  1958,  Pub.  L. 
85-599;  §  4(a),  72  Stat.  516;  Sept.  7,  1962,  Pub.  L.  87-651,  title  I, 
114,  76  Stat.  513;  June  5,  1967,  Pub.  L.  90-22,  title  IV,  §401,  81 
tat.  53.) 

—NOTE— 

Excerpt  from  House  Rept.  270,  90th  Cong.,  1st  Sess.  (1967) 

Existing  law  authorizes  the  appointment  of  the  Chief  of 
Staff  of  the  Army,  Chief  of  Staff  of  the  Air  Force,  and 
Chief  of  Nav  al  Operations  for  a  term  of  not  more  than  4 
years,  unless  reappointed  by  the  President.  Under  title  IV 
the  Chief  of  Staff  of  the  Army,  Chief  of  Staff  of  the  Air 
Force,  and  Chief  of  Naval  Operations  will  be  appointed  for 

[Emphasis  supplied.] 


135 


a  specific  term  of  4  years  and  they  may  not  be  reappointed 
unless  Congress  thereafter  declares  a  state  of  war  or 
national  emergency.  Of  course,  these  officers  will  continue  to 
serve  at  the  pleasure  of  the  President. 

The  Commandant  of  the  Marine  Corps,  under  current 
law,  is  appointed  for  a  specific  term  of  4  years.  Under  the 
proposed  title  IV  the  Commandant  of  the  Marine  Corps 
may  be  reappointed  under  the  same  conditions  as  the  Chief 
of  Staff  of  the  Army,  Chief  of  Staff  of  the  Air  Force,  and 
Chief  of  Naval  Operations. 

This  title  does  not  affect  the  appointment  or  tenure  of 
office  of  the  Chairman  of  the  Joint  Chiefs  of  Staff. 

Title  IV  will  become  effective  January  1, 1969. 

The  conferees  agreed  that  title  IV  should  be  included  in 
the  bill  but  also  agreed  that  wherever  in  sections  401,  402, 
403,  and  404  the  sentence — 

In  time  of  war  or  national  emergency  thereafter 
declared  by  the  Congress  he  may  be  reappointed 
for  a  term  of  not  more  than  four  years, 
appears,  the  following  language  should  be  substituted  there- 
for: 

In  time  of  war  or  national  emergency  declared  by  the 
Congress  after  December  31,  1968  he  may  be  reappointed 
for  a  term  of  not  more  than  four  years. 


10  U.S.C.  3062.  Policy  ;  composition  ;  organized  peace  establishment 

(a)  It  is  the  intent  of  Congress  to  provide  an  Army  that  is  capa- 
ble, in  conjunction  with  the  other  armed  forces,  of — 

(1)  preserving  the  peace  and  security,  and  providing  for  the 
defense,  of  the  United  States,  the  Territories,  Commonwealths, 
and  possessions,  and  any  areas  occupied  by  the  United  States; 

( 2 )  supporting  the  national  policies ; 

(3)  implementing  the  national  objectives;  and 

(4)  overcoming  any  nations  responsible  for  aggressive  acts 
that  imperil  the  peace  and  security  of  the  United  States. 

(b)  In  general,  the  Army,  within  the  Department  of  the  Army, 
includes  land  combat  and  service  forces  and  such  aviation  and  water 
transport  as  may  be  organic  therein.  It  shall  be  organized,  trained, 
and  equipped  primarily  for  prompt  and  sustained  combat  incident 
to  operations  on  land.  It  is  responsible  for  the  preparation  of  land 
forces  necessary  for  the  effective  prosecution  of  war  except  as  other- 
wise assigned  and,  in  accordance  with  integrated  joint  mobilization 
plans,  for  the  expansion  of  the  peacetime  components  of  the  Army 
to  meet  the  needs  of  war. 

(c)  The  Army  consists  of — 

(1)  The  Regular  Army,  the  Army  National  Guard  of  the 
United  States,  the  Army  National  Guard  while  in  the  service  of 
the  United  States  and  the  Army  Reserve ;  and 

[Emphasis  supplied.] 


136 


(2)  all  persons  appointed  or  enlisted- in,  or  conscripted  into, 
the  Army  without  component, 
(d)  The  organized  peace  establishment  of  the  Army  consists  of 
all — 

(1)  military  organizations  of  the  Army  with  their  installa- 
tions and  supporting  and  auxiliary  elements,  including  combat, 
training,  administrative,  and  logistic  elements ;  and 

(2)  members  of  the  Army,  including  those  not  assigned  to 
units; 

necessary  to  form  the  basis  for  a  complete  and  immediate  mobiliza- 
tion for  the  national  defense  in  the  ecent  of  a  national  emergency. 
(Aug.  10, 1956,  ch.  1041, 70A  Stat.  166.) 


10  U.S.C.  3063.  Basic  branches 

(a)  The  Secretary  of  the  Army  may  assign  members  of  the  Army 
to  its  basic  branches.  The  basic  branches  are — 

(1)  Infantry; 

(2)  Armor; 

(3)  Artillery; 

(4)  Corps  of  Engineers; 

(5)  Signal  Corps; 

( 6 )  Adj  utant  General 's  Corps ; 

( 7 )  Quartermaster  Corps ; 

(8)  Finance  Corps ; 

(9)  Ordnance  Corps ; 

(10)  Chemical  Corps ; 

(11)  Transportation  Corps ; 

(12)  Military  Police  Corps:  and 

(13)  such  other  basic  branches  as  the  Secretary  considers  nec- 
essary. 

(b)  The  Secretary  may  discontinue  or  consolidate  basic  blanches 
of  the  Army  for  the  duration  of  any  war,  or  of  any  national  emer- 
gency declared  by  Congress. 

(c)  The  Secretary  may  not  assign  to  a  basic  branch  any  commis- 
sioned officer  appointed  in  a  special  branch.  (Aug.  10,  195C,  ch.  1041, 
70A  Stat.  166.) 


10  U.S.C.  3201.  Army:  membeks  on  active  duty 

(a)  The  authorized  strength  of  the  Army  in  members  on  active 
duty,  exclusive  of — 

(1)  officer  candidates ; 

(2)  Reserves  on  active  duty  for  training; 

(3)  members    paid    from    appropriations    for   the  Army 
National  Guard  or  the  Army  Reserve ; 

(4)  Reserves  ordered  to  active  duty  in  an  emergency;  and 

(5)  enlisted  members  in  a  reserve  officers'  training  corps  or 
serving  as  cadets  at  the  United  States  Military  Academy,  the 

[Emphasis  supplied.] 


137 


United  States  Air  Force  Academy,  or  the  United  States  Coast 
Guard  Academy,  or  as  midshipmen  at  the  United  States  Naval 
Academy  or  in  the  Naval  Reserve; 
is  837,000. 

(b)  The  authorized  daily  average  strength  of  the  Army  in  mem- 
bers, on  active  duty  during  the  fiscal  year,  exclusive  of — 

( 1 )  officer  candidates ; 

(2)  Reserves  on  active  duty  for  training  purposes  only ; 

(3)  members  employed  in  the  Selective  Service  System;  and 

(4)  enlisted  members  in  a  reserve  officers'  training  corps  or 
serving  as  cadets  at  the  United  States  Military  Academy,  the 
United  States  Air  Force  Academy,  or  the  United  States  Coast 
Guard  Academy,  or  as  midshipmen  at  the  United  States  Naval 
Academy  or  in  the  Naval  Reserve ; 

is  837,000.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  172;  Sept.  2,  1958, 
Pub.  L.  85-861,  §  1  (62),  72  Stat.  1462;  Oct.  13,  1964,  Pub.  L. 
88-647,  title  III,  §  301  (4),  78  Stat.  1071.) 


10  U.S.C.  3202.  Army  :  officers  in  certain  commissioned  grades 

(a)  The  authorized  strength  of  the  Army  in  officers  on  active 
duty  in  each  of  the  following  grades  on  the  last  day  of  each  fiscal 
year,  exclusive  of  officers  on  active  duty  for  training  only  and 
officers  serving  with  other  departments  or  agencies  on  a  reimbursable 
basis,  is,  except  as  provided  in  subsections  (e)  and  (f),  based  on  the 
total  number  of  those  officers  authorized  by  the  Secretary  of  the 
Army  in  all  commissioned  grades,  as  follows : 


If  the  total  The  authorized  strength  in  grade  is — 

number   

authorized  is —     For  general      For  colonels     For  lieuten-       For  majors 
officers  ant  colonels 


50,000    350  3, 352  6, 940  9, 350 

60,000   400  3,  752  8, 045  10, 950 

70,000    425  4,  102  9,  150  12, 500 

80  000.    450  4,452  10,205  14,050 

90  000    475  4,752  11,260  15,600 

100  000     _      --  495  5,002  12,265  17,060 

110000          ---  510  5,202  13,270  18,370 

120  000"       _    .  520  5, 402  14,  175  19, 680 

130*000  530  5,602  15,075  20,890 

UO'OOO  540  5,802  15,875  22,095 

150'000"I"  550  6,002  16,675  23,300 


If  the  total  number  authorized  by  the  Secretary  is  determined  to 
be  between  two  of  the  figures  named  in  the  first  column  of  the  table, 
the  corresponding  authorized  strengths  in  grade  are  determined  by 
mathematical  interpolation  between  the  respective  authorized 
strenoths  named  in  the  table.  If  it  is  determined  to  be  more  than 
150  000,  the  Secretary  shall  fix  the  corresponding  authorized 
strengths  in  grade  in  general  conformity  with  the  table. 


138 


(b)  Not  more  than  one-half  of  the  general  officer  strength  may  be 
in  grades  above  brigadier  general. 

(c)  A  vacancy  in  any  grade  may  be  filled  by  an  authorized 
appointment  in  any  lower  grade. 

(d)  In  time  of  war,  or  of  national  emergency  declared  after  May 
5, 1954,  by  Congress  or  the  President,  the  President  may  suspend  the 
operation  of  any  provision  of  this  section. 

(e)  The  authorized  strengths  of  the  Army  in  Officers  in  the  Medi- 
cal Corps  and  Dental  Corps  in  grades  below  brigadier  general  shall 
be  based  on  the  needs  of  the  Army,  as  determined  by  the  Secretary 
under  regulations  to  be  prescribed  by  the  Secretary  of  Defense. 

(f)  In  determining  the  authorized  strength  of  the  Army  under 
subsection  (a),  the  strengths  authorized  for  the  Medical  Corps  and 
Dental  Corps  shall  be  excluded.  (Aug.  10,  1956,  ch.  1041,  70A  Stat. 
172;  Sept.  2,  1958,  Pub.  L.  85-861,  §  1(63),  72  Stat.  1463;  Dec.  28, 
1967,  Pub.  L.  90-228,  §  1(1),  (2),  81  Stat.  745.) 

— N  O  T  E— 

Excerpt  from  Senate  Kept.  1215,  82d  Cong.,  2d  Sess.  (1954) 

suspension  of  provisions  during  time  of  emergency 

This  section  permits  the  President  to  suspend,  in  time  of 
war  or  national  emergency  declared  after  enactment  of  this 
act,  all  or  any  part  of  the  provisions  of  the  act  which  relate 
to  officers  of  the  Army  and  Air  Force,  and  those  provisions 
of  the  Officer  Personnel  Act  of  1947,  amended  by  this  act, 
which  relate  to  distribution  in  grades  for  officers  of  the 
Navy  above  the  grade  of  lieutenant  and  of  the  Marine 
Corps  above  the  grade  of  captain.  Section  426(c)  of  the 
Officer  Personnel  Act  of  1947,  as  amended,  permits  the 
President  to  suspend,  in  time  of  war  or  national  emergency 
declared  after  August  7,  1947,  all  or  any  part  of  the  provi- 
sions of  that  act  which  relate  to  distribution  in  grades,  pro- 
motion by  selection,  and  involuntary  retirement  and  dis- 
charge of  officers  of  the  Navy  and  Marine  Corps.  Section 
403  of  the  bill  limits  the  President's  suspension  authority 
with  regard  to  provisions  of  the  Officer  Personnel  Act  of 
1947,  as  amended,  which  relate  to  distribution  in  grades 
above  that  of  lieutenant  in  the  Navy  and  captain  in  the 
Marine  Corps,  to  time  of  war  or  national  emergency 
declared  after  enactment  of  proposed  legislation. 


10  U.S.C.  3313.  Suspension  of  laws  for  promotion  or  mandatory 

RETIREMENT  OR  SEPARATION  DURING  WAR  OR  EMERGENCY 

In  time  of  war,  or  of  emergency  declared  by  Congress  or  the  Pres- 
ident, the  President  may  suspend  the  operation  of  any  provision  of 


[Emphasis  supplied.] 


139 


law  relating  to  promotion,  or  mandatory  retirement  or  separation,  of 
commissioned  officers  of  the  Regular  Army.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  193.) 


10  U.S.C.  3444.  Commissioned  officers  :  during  war  or  emergency 

(a)  In  time  of  emergency  declared  by  Congress  or  tlie  President, 
and.  in  time  of  war,  the  President  may  appoint  any  qualified  person, 
including  a  person  who  is  not  a  Regular  or  Reserve,  in  any  tempo- 
rary commissioned  grade. 

(b)  An  officer  appointed  under  subsection  (a)  may  be  ordered  to 
active  duty  for  such  period  as  the  President  prescribes. 

(c)  Unless  sooner  vacated,  an  appointment  under  subsection  (a)  is 
effective  during  the  war  or  emergency  in  which  it  is  made  and  for 
six  months  thereafter. 

(d)  For  the  purposes  of  determining  grade,  position  on  a  promo- 
tion list,  seniority  in  temporary  grade,  and  eligibility  for  promotion, 
an  officer  of  the  Medical  or  Dental  Corps  who  is  appointed  in  a  tem- 
porary grade  under  subsection  (a)  shall,  when  he  enters  on  active 
duty,  be  credited  with  the  constructive  service  authorized  by  section 
3294  (b)  of  this  title.  (Aug.  10,  1956,  ch.  1041,  70A  Stat,  196;  Sept. 
2, 1958,  Pub.  L.  85-861,  §  1(81)  (A), 72  Stat.  1480.) 


10  U.S.C.  3445.  Officers:  additional  appointments    during  war 

OR  EMERGENCY 

(a)  In  addition  to  appointments  authorized  under  section  3442  of 
this  title,  in  time  of  war  or  of  national  emergency  declared  by  the 
President,  a  regular  officer  or  a  reserve  warrant  officer  may  be 
appointed  in  a  temporary  grade  that  is  higher  than  his  regular  or 
reserve  grade,  without  vacating  that  grade. 

(b)  In  addition  to  appointments  authorized  under  subsection  (a) 
of  this  section,  and  sections  3442  and  3444  of  this  title,  in  time  of 
war  a  person  who  holds  no  commissioned  grade  in  the  Regular 
Army  may  be  appointed  in  any  temporary  commissioned  grade. 

(c)  Unless  sooner  vacated,  the  appointment  of  an  officer  under 
subsection  (b),  except  a  member  of  the  Regular  Army,  is  effective 
during  the  war  in  which  it  is  made  and  for  six  months  thereafter. 

(d)  Each  officer  appointed  under  subsection  (b)  shall,  unless  he  is 
a  member  of  the  Regular  Army,  be  relieved  from  active  duty,  at  his 
reauest,  within  six  months  after  the  termination  of  the  war.  (Aug. 
1CL  1956,  ch.  1041,  70A  Stat.  196;  Sept.  2,  1958,  Pub.  L.  85-861,  § 
1(81)  (B),  72  Stat.  1480.) 

v    '  — NOTE— 

Excerpt  from  Senate  Rept.  2484,  84th  Cong.,  2d  Sess.  (1956) 

Your  committee  deems  it  advisable,  therefore,  to  provide 
that  in  time  of  war  a  Regular  Army  officer  may  receive  a 


[Emphasis  supplied.] 


140 


higher  temporary  appointment,  and  that  such  Regular 
Army  officer  and  all  others  appointed  as  officers,  regardless 
of  from  what  source  they  come,  shall  be  appointed  and  com- 
missioned in  the  Army  of  the  United  States,  thereby  plac- 
ing all  officers  upon  an  equal  basis  in  time  of  war  and  cor- 
recting one  of  the  glaring  mistakes  made  in  the 
administration  of  officer  personnel  during  the  recent  World 
War. 

In  conclusion,  your  committee  wishes  to  state  that  the 
passage  of  this  bill  will  eliminate  the  necessity  for  resorting 
to  the  draft  in  order  to  secure  the  services  of  the  officers 
and  enlisted  men  of  the  National  Guard  in  time  of  emer- 
gency, which  draft  to  these  men  who  have  previously  volun- 
teered is  most  obnoxious,-  and,  in  the  opinion  of  your  com- 
mittee, will  also  be  a  most  important  step  toward 
solidifying  the  three  components  of  the  Army  of  the  United 
States — the  Kegular  Army,  the  National  Guard  of  the 
United  States,  and  the  Organized  Reserves,  and  will  pro- 
vide in  a  definite  manner  for  that  unity  of  command  which 
is  so  essential  to  the  success  of  any  military  undertaking. 


10  U.S.C.  3500.  Army  National  Guard  in  Federal  service:  call 
Whenever — 

(1)  the  United  States,  or  any  of  the  Territories,  Common- 
wealths, or  possessions,  is  invaded  or  is  in  danger  of  invasion  by 
a  foreign  nation ; 

(2)  there  is  a  rebellion  or  danger  of  a  rebellion  against  the 
authority  of  the  Government  of  the  United  States ;  or 

(3)  the  President  is  unable  with  tlie  regular  forces  to  execute 
the  laws  of  tlie  United  States; 

the  President  may  call  into  Federal  service  members  and  units  of 
the  Army  National  Guard  of  any  State  or  Territory,  Puerto  Rico, 
the  Canal  Zone,  or  the  District  of  Columbia  in  such  numbers  as  he 
considers  necessary  to  repel  the  invasion,  suppress  the  rebellion,  or 
execute  those  laws.  Orders  for  these  purposes  shall  be  issued  through 
the  governors  of  the  States,  the  Territories,  Puerto  Rico,  and  the 
Canal  Zone,  and,  in  the  District  of  Columbia,  through  the  command- 
ing general  of  the  National  Guard  of  the  District  of  Columbia. 
(Aug.  10,  1956,  ch.  1041, 70A  Stat.  199.) 


10  U.S.C.  3741.  Medal  of  honor:  award 

The  President  may  award,  and  present  in  the  name  of  Congress,  a 
medal  of  honor  of  appropriate  design,  with  ribbons  and  appurte- 
nances, to  a  person  who  while  a  member  of  the  Army,  distinguished 

[Emphasis  supplied.] 


141 


himself  conspicuously  by  gallantry  and  intrepidity  at  the  risk  of  his 
life  above  and  beyond  the  call  of  duty — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  215;  July  25,  1963,  Pub.  L. 
88-77,§  1(1),  77  Stat,  93.) 

[See  14  U.S.C.  491,  Note,  infra.'] 


10  U.S.C.  3742.  Distinguished-service  cross  :  award 

The  President  may  award  a  distinguished-service  cross  of  appro- 
priate design,  with  ribbons  and  appurtenances,  to  a  person  who, 
while  serving  in  any  capacity  with  the  Army,  distinguishes  himself 
by  extraordinary  heroism  not  justifying  the  award  of  a  medal  of 
honor — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States ; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  215;  July  25,  1963,  Pub.  L. 
88-77,  §  1(2),  77  Stat.  93.) 

[See  14  U.S.C.  491,  Note,  infra.'] 


10  U.S.C.  3746.  Silver  star:  award 

The  President  may  award  a  silver  star  of  appropriate  design,  with 
ribbons  and  appurtenances,  to  a  person  who,  while  serving  in  any 
capacity  with  the  Army,  is  cited  for  gallantry  in  action  that  does 
not  warrant  a  medal  of  honor  or  distinguished-service  cross — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States ; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  216;  July  25,  1963,  Pub.  L. 
88-77.  §1(3),  77  Stat.  93.) 

[See  14  U.S.C.  491,  Note,  infra.] 

[Emphasis  supplied.] 


24-509  O  -  73  -  11 


142 


10  U.S.C.  3750.  Soldier's  Medal  :  award  ;  limitations 

(a)  The  President  may  award  a  decoration  called  the  "Soldier's 
MeUal",  of  appropriate  design  with  accompanying  ribbon,  to  any 
person  who,  while  serving  in  any  capacity  with  the  Army,  distin- 
guishes himself  by  heroism  not  im-olomg  actual  conflict  with  an 
enemy. 

(b)  Not  more  than  one  Soldier's  Medal  may  be  awarded  to  a 
person.  However,  for  each  succeeding  act  that  would  otherwise  jus- 
tify the  award  of  such  a  medal,  the  President  may  award  a  suitable 
bar  or  other  device  to  be  worn  as  he  directs.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  217.) 

[See  14  U.S.C.  419,  Note,  infra.] 


10  U.S.C.  4025.  Production  of  sdpplies  and  munitions  :  hours  and 

PAY  OF  LABORERS  AND  MECHANICS 

During  a  national  emergency  declared  by  the  President,  the  regu- 
lar working  hours  of  laborers  and  mechanics  of  the  Department  of 
the  Army  producing  military  supplies  or  munitions  are  8  hours  a 
day  or  40  hours  a  week.  However,  under  regulations  prescribed  by 
the  Secretary  of  the  Army  these  hours  may  be  exceeded.  Each 
laborer  or  mechanic  who  works  more  than  40  hours  in  a  workweek 
shall  be  paid  at  a  rate  not  less  than  one  and  one-half  times  the  regu- 
lar hourly  rate  for  each  hour  in  excess  of  40.  (Aug.  10,  1956,  ch. 
1041 , 70A  Stat.  234. ) 


10  U.S.C.  4501.  Industrial  mobilization:  orders;  priorities; 

POSSESSION  OF  MANUFACTURING  PLANTS ;  VIOLATIONS 

(a)  In  time  of  war  or  when  war  is  imminent,  the  President, 
through  the  head  of  any  department,  may  order  from  any  person  or 
organized  manufacturing  industry  necessary  products  or  materials 
of  the  type  usually  produced  or  capable  of  being  produced  by  that 
person  or  industry. 

.(b)  A  person  or  industry  with  whom  an  order  is  placed  under 
subsection  (a),  or  the  responsible  head  thereof,  shall  comply  with 
that  order  and  give  it  precedence  over  all  orders  not  placed  under 
that  subsection. 

(c)  In  time  of  war  or  when  war  is  imminent,  the  President, 
through  the  head  of  any  department,  may  take  immediate  possession 
of  any  plant  that  is  equipped  to  manufacture,  or  that  in  the  opinion 
of  the  Secretary  of  the  Army  is  capable  of  being  readily  trans- 
formed into  a  plant  for  manufacturing,  arms  or  ammunition,  parts 
thereof,  or  necessary  supplies  for  the  Army,  if  the  person  or  indus- 
try owning  or  operating  the  plant,  or  the  responsible  head  thereof, 
refuses — 

(1)  to  give  precedence  to  the  order  as  prescribed  in  subsection 
(b); 


[Emphasis  supplied.] 


143 


(2)  to  manufacture  the  kind,  quantity,  or  quality  of  arms  or 
ammunition,  parts  thereof,  or  necessary  supplies,  as  ordered  by 
the  Secretary ;  or 

(3)  to  furnish  them  at  a  reasonable  price  as  determined  by 
the  Secretary. 

(d)  The  President,  through  the  Ordnance  Corps,  may  manufac- 
ture products  that  are  needed  in  time  of  war  or  when  war  h  immi- 
nent, in  any  plant  that  is  seized  under  subsection  (c). 

(e)  Each  person  or  industry  from  whom  products  or  materials  are 
ordered  under  subsection  (a)  is  entitled  to  fair  and  just  compensa- 
tion. Each  person  or  industry  whose  plant  is  seized  under  subsection 
(c)  is  entitled  to  a  fair  and  just  rental. 

(f )  Whoever  fails  to  comply  with  this  section  shall  be  imprisoned 
for  not  more  than  three  years  and  fined  not  more  than  $50,000. 
(Aug.  10, 1956,  ch.  1041, 70A  Stat.  251.) 


10  U.S.C.  4502.  Industrial  mobilization  ;  plants  ;  lists  ;  Board  on 
Mobilization  of  Industries  Essential  for  Military  Prepared- 
ness 

(a)  The  Secretary  of  the  Army  shall  maintain  a  list  of  all  pri- 
vately owned  plants  in  the  United  States,  and  the  Territories,  Com- 
monwealths, and  possessions,  that  are  equipped  to  manufacture  for 
the  Army  arms  or  ammunition,  or  parts  thereof,  and  shall  obtain 
complete  information  of  the  kinds  of  those  products  manufactured 
or  capable  of  being  manufactured  by  each  of  those  plants,  and  of 
the  equipment  and  capacity  of  each  of  those  plants. 

(b)  The  Secretary  shall  maintain  a  list  of  privately  owned  plants 
in  the  United  States,  and  the  Territories,  Commonwealths,  and  pos- 
sessions, that  are  capable  of  being  readily  transformed  into  factories 
for  the  manufacture  of  ammunition  for  the  Army,  and  that  have  a 
capacity  sufficient  to  warrant  conversion  into  ammunition  plants  in 
time  of  war  or  when  war  is  imminent,  and  shall  obtain  complete 
information  as  to  the  equipment  of  each  of  those  plants. 

(c)  The  Secretary  shall  prepare  comprehensive  plans  for  convert- 
ing each  plant  listed  pursuant  to  subsection  (b)  into  a  factory  for 
the  manufacture  of  ammunition  or  parts  thereof. 

(d)  The  President  may  appoint  a  nonpartisan  Board  on  Mobiliza- 
tion of  Industries  Essential  for  Military  Preparedness,  and  may 
provide  necessary  clerical  assistance  to  organize  and  coordinate  oper- 
ations under  this  section  and  section  4501  of  this  title.  (Aug.  10, 
1956,  ch.  1041, 70A  Stat.  252.) 


10  U.S.C.  4742.  Control  or  transportation  systems  in  time  of  war 

In  time  of  war,  the  President,  through  the  Secretary  of  the  Army, 
may  take  possession  and  assume  control  of  all  or  part  of  any  system 
of  transportation  to  transport  troops,  war  material,  and  equipment, 

[Emphasis  supplied.] 


144 


or  for  other  purposes  related  to  the  emergency.  So  far  as  necessary, 
he  may  use  the  system  to  the  exclusion  of  other  traffic.  (Aug.  10, 
11)56,  ch.  1041,  70A  Stat.  266.) 


10  TI.S.C.  4776.  Emergency  construction  :  fortifications 

If  in  an  emergency  the  President  considers  it  urgent,  a  temporary 
fort  or  fortification  may  be  built  on  private  land  if  the  owner  con- 
sents in  writing.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  270;  Sept.  1, 
1970,  Pub.  L.  91-393,  §  5,  84  Stat.  835.) 


10  U.S.C.  4780.  Acquisition  of  buildings  in  District  of  Columbia 

(a)  In  time  of  war  or  when  war  is  imminent,  the  Secretary  of  the 
Army  may  acquire  by  lease  any  building,  or  part  of  a  building,  in 
the  District  of  Columbia  that  may  be  needed  for  military  purposes. 

(b)  At  any  time,  the  Secretary  may,  for  the  purposes  of  the 
Department  of  the  Army,  requisition  the  use  and  take  possession  of 
any  building  or  space  in  any  building,  and  its  appurtenances,  in  the 
District  of  Columbia,  other  than — 

(1)  a  dwelling  house  occupied  as  such ; 

(2)  a  building  occupied  by  any  other  agency  of  the  United 
States;  or 

(3)  space  in  such  a  dwelling  house  or  building. 

The  Secretary  shall  determine,  and  pay  out  of  funds  appropriated 
for  the  payment  of  rent  by  the  Department  of  the  Army,  just  com- 
pensation for  that  use.  If  the  amount  of  the  compensation  is  not  sat- 
isfactory to  the  person  entitled  to  it,  the  Secretary  shall  pay  75  per- 
cent of  it  to  that  person,  and  the  claimant  is  entitled  to  recover  by 
action  against  the  United  States  an  additional  amount  that,  when 
added  to  the  amount  paid  by  the  Secretary,  is  determined  by  the 
court  to  be  just  compensation  for  that  use.  (Added  Pub.  L.  85-861, 
§  1  (105)  (A) ,  Sept.  2, 1958,  72  Stat.  1489.) 


10  U.S.C.  5081.  Chief  of  Naval  Operations:  appointment;  term 
of  office;  powers;  duties 

(a)  There  is  a  Chief  of  Naval  Operations,  appointed  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate,  to  serve  at 
the  pleasure  of  the  President,  for  a  term  of  four  years,  from  officers 
on  the  active  list  in  the  line  of  the  Navy,  eligible  to  command  at  sea 
and  not  below  the  grade  of  rear  admiral.  In  time  of  war  or  national 
emergency  declared  by  the  Congress  after  December  31,  1968,  he 
may  be  reappointed  for  a  term  of  not  more  than  four  years. 

(b)  The  Chief  of  Naval  Operations,  while  so  serving,  has  the 
rank  of  admiral.  He  takes  precedence  above  all  other  officers  of  the 

[Emphasis  supplied.] 


145 


naval  service,  except  an  officer  of  the  naval  service  who  is  serving  as 
Chairman  of  the  Joint  Chiefs  of  Staff. 

(c)  Under  the  direction  of  the  Secretary  of  the  Navy,  the  Chief 
of  Naval  Operations  shall  exercise  supervision  over  such  of  the 
members  and  organizations  of  the  Navy  and  the  Marine  Corps  as 
the  Secretary  of  the  Navy  determines.  Such  supervision  shall  be 
exercised  in  a  manner  consistent  with  the  full  operational  command 
vested  in  unified  or  specified  combatant  commanders  under  section 
124  of  this  title. 

(d)  The  Chief  of  Naval  Operations  is  the  principal  naval  adviser 
to  the  President  and  to  the  Secretary  of  the  Navy  on  the  conduct  of 
war,  and  the  principal  naval  adviser  and  naval  executive  to  the  Sec- 
retary on  the  conduct  of  the  activities  of  the  Department  of  the 
Navy.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  281 ;  Aug.  6,  1958,  Pub.  L. 
85-599,  §  4(b),  72  Stat.  516;  Sept.  7,  1962,  Pub.  L.  87-651,  title  I, 
§§  114,  120,  76  Stat.  513;  June  5,  1967,  Pub.  L.  90-22,  title  IV, 
§  402,  81  Stat  53.) 

[See  10  U.S.C.  3034,  Note.  Supra.] 


10  U.S.C.  5201.  Commandant:  appointment;  term:  emoluments 

(a)  There  is  a  Commandant  of  the  Marine  Corps,  appointed  by 
the  President,  for  a  term  of  four  years,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  serve  at  the  pleasure  of  the  President,  from 
officers  on  the  active  list  of  the  Marine  Corps,  not  below  the  rank  of 
colonel.  In  time  of  war  or  national  emergency  declared  by  the  Con- 
gress after  December  31,  1968,  he  may  be  reappointed  for  a  term  of 
not  more  than  four  years. 

(b)  The  Commandant  of  the  Marine  Corps,  while  so  serving,  has 
the  rank  of  general. 

(c)  An  officer  who  is  retired  while  serving  as  Commandant  of  the 
Marine  Corps,  or  who,  after  serving  at  least  two  and  one-half  years 
as  Commandant,  is  retired  after  completion  of  that  service  while 
serving  in  a  lower  rank  or  grade,  may,  in  the  discretion  of  the  Presi- 
dent, be  retired  with  the  grade  of  general.  The  retired  pay  of  such 
an  officer  shall  be  computed  at  the  highest  rates  of  basic  pay  appli- 
cable to  him  while  he  served  in  that  office. 

(d)  Under  the  direction  of  the  Secretary  of  the  Navy,  the  Com- 
mandant of  the  Marine  Corps  shall  exercise  supervision  over  such  of 
the  members  and  organizations  of  the  Marine  Corps  and  Navy  as 
the  Secretary  of  the  Navy  determines.  Such  supervision  shall  be 
exercised  in  a  manner  consistent  with  the  full  operational  command 
vested  in  unified  or  specified  combatant  commanders  under  section 
124  of  this  title.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  292;  May  20, 
1958.  Pub.  L.  85^22,  §  6(3),  72  Stat.  129;  Aug.  6,  1958,  Pub.  L. 
85-599,  §  4(c),  72  Stat.  517;  Sept.  7,  1962,  Pub.  L.  87-651,  title  I, 
§  114,  76  Stat.  513;  June  5,  1967,  Pub.  L.  90-22,  title  IV,  §  404,  81 
Stat.  53.) 

[See  10  U.S.C.  3034,  Note.  Supra.] 

[Emphasis  supplied.] 


146 


10  U.S.C.  5231.  Navy  positions  :  admirals  and  vice  admirals 

(a)  The  President  may  designate  officers  on  the  active  list  of  the 
Navy  above  the  grade  of  captain  and,  in  time  of  war  or  national 
emergency,  above  the  grade  of  commander  for — 

( 1 )  command  of  fleets  or  subdivisions  of  fleets ; 

(2)  command  of  naval  units  afloat  to  perform  special  or  un- 
usual missions;  or 

(3)  performance  of  duty  of  great  importance  and  responsibil- 
ity. 

An  officer  so  designated  may  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  to  the  grade  of  admi- 
ral or  vice  admiral.  Such  an  appointment  is  effective  on  the  date  the 
officer  reports  for  the  designated  duty  and  terminates  on  the  date  he 
is  detached.  The  Secretary  of  the  Navy  shall  determine  the  rank  of 
officers  in  the  grade  in  which  they  are  serving  under  this  section. 

(b)  The  number  of  officers  serving  in  the  grades  of  admiral  and 
vice  admiral  under  subsection  (a)  may  not,  at  any  time,  exceed  15 
percent  of  the  number  of  officers  prescribed  for  the  grade  of  rear- 
admiral  in — 

(1)  section  5442  of  this  title,  if  that  section  is  operative;  or 

(2)  section  5447  of  this  title,  if  section  5442  is  inoperative. 

Of  the  number  of  officers  that  may  serve  in  the  grades  of  admiral 
and  vice  admiral,  as  determined  under  this  subsection,  not  more  than 
eight  may  have  the  grade  of  admiral. 

(c)  Except  in  time  of  war  or  national  emergency,  the  number  of 
officers  serving  in  the  grades  of  admiral  and  vice  admiral  may  not 
exceed  26.  including  the  Chief  of  Naval  Operations,  and  of  the 
number  so  serving  only  the  Chief  of  Naval  Operations  and  three 
others  may  have  the  grade  of  admiral. 

(d)  An  officer  while  serving  as  Chairman  of  the  Joint  Chiefs  of 
Staff,  if  serving  in  the  grade  of  admiral,  is  in  addition  to  the  num- 
bers authorized  under  subsections  (b)  and  (c)  of  this  section. 

(e)  An  officer  of  the  Navy  assigned  as  Chief  of  Staff  to  the  Presi- 
dent shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  the  grade  of  admiral,  unless  he  is  oth- 
erwise entitled  to  the  same  or  a  higher  grade.  Such  an  appointment 
is  effective  while  the  officer  is  so  serving,  and  while  in  that  grade  he 
is  in  addition  to  the  numbers  authorized  under  subsections  (b)  and 
(c)  of  this  section. 

(f)  An  appointment  under  this  section  does  not  create  a  vacancy 
m  the  grade  held  by  the  officer  at  the  time  he  is  appointed  and  does 
not  increase  the  authorized  strength  of  the  Navy  in  officers  on  the 
active  list.  (Aug.  10, 1M56,  ch.  1041, 70A  Stat.  294.) 


10  U.S.C.  5232.  Marine  Corps  positions:  general  and  lieutenant 

GENERALS 

(a)  The  President  may  designate  officers  on  the  active  list  of  the 
Marine  Corps  above  the  grade  of  colonel  and,  in  time  of  war  or 
national  emergency,  above  the  grade  of  lieutenant  colonel  for  


[Emphasis  supplied.] 


147 


(1)  appropriate  higher  commands;  or 

(2)  performance  of  duty  of  great  importance  and  reponsibil- 

ity- 

An  officer  so  designated  may  be  appointed  by  the  President,  by 
and  with  the  advice  and  consent  of  the  Senate,  to  the  grade  of  lieu- 
tenant general.  Such  an  appointment  is  effective  on  the  date  the 
officer  reports  for  the  designated  duty  and  terminates  on  the  date  he 
is  detached.  The  Secretary  of  the  Navy  shall  determine  the  rank  of 
officers  in  the  grade  in  which  they  are  serving  under  this  section. 

(b)  The  number  of  officers  serving  in  the  grade  of  lieutenant  gen- 
eral may  not  exceed  two  except  in  time  of  war  or  national  emer- 
gency, and  may  not,  at  any  time,  exceed  10  percent  of  the  number  of 
officers  not  restricted  in  the  performance  of  duty  prescribed  for 
grades  above  colonel  in — 

( 1 )  section  5443  of  this  title,  if  that  section  is  operative ;  or 

(2)  section  5448  of  this  title,  if  section  5443  is  inoperative. 

(c)  An  officer  of  the  Marine  Corps  assigned  as  Chief  of  Staff  to 
the  President  shall  be  appointed  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate,  to  the  grade  of  general.  Such  an 
appointment  is  effective  while  the  officer  is  so  serving. 

(d)  An  appointment  under  this  section  does  not  create  a  vacancy 
in  the  grade  held  by  the  officer  at  the  time  he  is  appointed  and  does 
not  increase  the  authorized  strength  of  the  Marine  Corps  in  officers 
on  the  active  list.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  295.) 


10  U.S.C.  5234.  Suspension  provision 

During  a  war  or  national  emergency,  the  President  may  suspend 
any  provision  of  section  5231  or  5232  of  this  title  relating  to  distri- 
bution in  grade.  Such  a  suspension  may  not  continue  beyond  June  30 
of  the  fiscal  year  following  that  in  which  the  war  or  national  emer- 
gency ends.  (Aug.  10, 1956,  ch.  1041,  70A  Stat.  295.) 

— N  O  T  E— 

Excerpt  from  House  Reft.  542,  82d  Cong.,  1st  Sess.  (1951) 

The  purpose  of  the  proposed  legislation  is  to  make  certain  revi- 
sions in  the  provisions  of  the  Officer  Personnel  Act  of  1947  which 
relate  to  officers  of  Navy  and  Marine  Corps  so  as  to  meet  the  re- 
quirements of  the  service  during  the  period  of  a  national  emergency. 

The  bill  would  give  the  President  authority  in  time  of  war  or 
national  emergency  to  suspend  the  provisions  of  the  Officer  Per- 
sonnel Act  which  relate  to  distribution  in  grade,  promotion  by  selec- 
tion, and  involuntary  retirement  and  discharge  of  officers,  which 
would  give  the  Navy  and  Marine  Corps  flexibility  in  the  administra- 
tion of  the  act  similar  to  that  now  authorized  under  title  V  for  the 
the  Army  and  Air  Corps.  The  present  provisions  of  the  Officer 
Personnel  Act  require  the  discharge  of  lieutenants  and  lieutenants 
(junior  grade)  who  twice  fail  of  selection  for  promotion  and  restrict 
the  employment  of  Reserve  officers  in  the  ranks  needed  because  of 
grade  limitations.  It  is  essential  that  the  President  be  authorized 
during  a  national  emergency  or  war  to  suspend  these  and  such  other 
provisions  of  the  act  as  the  needs  of  the  service  require. 

Title  III  of  the  Officer  Personnel  Act  authorizes  the  appointment 

[Emphasis  supplied.] 


148 


of  temporary  officers  and  the  employment  of  temporary  and  Re- 
serve officers  only  on  a  temporary  basis.  It  now  appears,  however, 
that  temporary  and  Reserve  officers  will  be  employed  on  active  duty 
for  some  years  to  come.  The  bill  would  eliminate  the  terminable  fea- 
tures of  title  III. 

Under  the  present  provisions  of  title  III  of  the  Officer  Personnel 
Act,  the  Secretary  of  the  Navy  may  make  computations  to  establish 
the  allowances  of  officers  iu  the  various  grades  but  once  annually. 
This  restriction  makes  it  impossible  to  adjust  grade  allowances  dur- 
ing periods  of  immediate  expansion  such  as  resulted  from  the  Korean 
incident.  Present  world  conditions  will  undoubtedly  affect  the  size 
of  the  Navy  in  the  foreseeable  future  and  greater  flexibility  is  re- 
quired to  handle  efficiently  officer  programs  during  such  periods  of 
fluctuation.  Authority  to  establish  grade  allowances  at  times  when 
needed  is  therefore  essential. 

G.  L.  Russell, 
Rear  Admiral,  United  States  Wavy, 
Judge  Advocate  General  of  the  Wavy 

( For  the  Secretary  of  the  Navy ) . 

Although  the  proclamation  of  an  emergency  in  December  1950  now 
permits  officers  to  be  promoted  under  the  wartime  act  of  July  24, 1941, 
it  is  considered  that  events,  similar  to  Korea,  when  an  emergency  is 
not  immediately  declared,  might  in  the  future  necessitate  the  use  of 
the  temporary  promotion  system. 


10  U.S.C.  5402.  Regular  Marine  Corps:  total;  enlisted  members 

(a)  Except  in  time  of  war  or  national  emergency  declared  by  Con- 
gress after  June  28,  1952,  the  authorized  strength  of  the  Regular 
Marine  Corps,  excluding  retired  members,  is  400,000.  However,  this 
strength  may  be  temporarily  exceeded  at  any  time  in  a  fiscal  year  if 
the  daily  average  number  in  that  year  does  not  exceed  it. 

(b)  Except  in  time  of  war  or  national  emergency  declared  by 
Congress  after  June  28, 1952,  the  authorized  strength  of  the  Regular 
Marine  Corps  in  enlisted  members,  excluding  retired  enlisted  mem- 
bers, is  400,000  less  the  actual  strength  of  the  Marine  Corps  in  per- 
manent regular  officers  other  than  retired  regular  officers.  However, 
this  strength  may  be  temporarily  exceeded  at  any  time  in  a  fiscal 
year  if  the  daily  average  number  in  that  year  does  not  exceed  it. 
(Aug.  10,  1956,  ch.  1041,  70A  Stat.  297.) 


10  U.S.C.  5447.  Navy  :  line  officers  on  the  active  list  ;  permanent 

grade 

(a)  The  distribution  in  permanent  grades  of  officers  on  the  active 
list,  in  the  line  of  the  Navy,  excluding  fleet  admirals  and  officers  car- 
ried as  additional  numbers  in  grade,  shall  be  based  on  the  following 
percentages  of  the  number  of  such  officers :  ° 

(1)  Rear  admiral — 7y100  of  1  percent. 

(2)  Captain — 6  percent. 

(3)  Commander — 12  percent. 

(4)  Lieutenant  commander — 18  percent. 

(5)  Lieutenant — 247y100  percent. 

[Emphasis  supplied.] 


149 


(6)  Lieutenant  (junior  grade)  and  ensign  combined — 385%0o 
percent. 

(b)  The  Secretary  of  the  Navy,  as  of  January  1  of  each  year, 
shall  compute  the  number  of  officers  authorized  under  subsection  (a) 
for  each  grade  above  lieutenant  (junior  grade)  and  for  the  combined 
grades  of  lieutenant  (junior  grade)  and  ensign.  The  number  so  com- 
puted is  the  number  of  line  officers  on  the  active  list,  excluding 
officers  carried  as  additional  numbers  in  grade,  prescribed  for  the 
grade  or  grades  concerned.  However,  if  the  number  of  officers  pre- 
scribed for  the  grade  of  captain  as  computed  cannot  be  attained 
because  of  the  minimum  total  commissioned  service  required  for  pro- 
motion to  that  grade  by  section  5780  of  this  title,  the  Secretary  shall 
determine  an  appropriate  lesser  number.  The  lesser  number  then 
becomes  the  prescribed  number  for  the  grade  of  captain  and  the  Sec- 
retary shall  make  a  corresponding  increase  in  the  prescribed  number 
for  one  or  more  of  the  lower  grades. 

(c)  Notwithstanding  the  provisions  of  subsection  (a),  the  number 
of  officers  not  restricted  in  the  performance  of  duty  who  may  hold 
permanent  appointments  on  the  active  list  in  the  line  of  the  Navy  in 
the  grade  of  rear  admiral  may  not  exceed  150,  except  in  time  of  war 
or  national  emergency. 

(d)  Of  the  numbers  of  officers  prescribed  for  grades  below  cap- 
tain, as  computed  or  determined  under  subsection  (b),  not  more  than 
the  following  percentages  may  be  officers  designated  for  limited 
duty: 

(1)  Commander — 36y100  percent. 

(2)  Lieutenant  commander — 86%00  percent. 

(3)  Lieutenant — 77%0o  percent. 

(4)  Lieutenant  (junior  grade)  and  ensign  combined — 6%0o 
percent. 

(e)  The  Secretary,  as  of  January  1  of  each  year,  shall  compute 
the  number  of  officers  designated  for  limited  duty  authorized  under 
subsection  (d)  for  each  grade  above  lieutenant  (junior  grade)  and 
for  the  combined  grades  of  lieutenant  (junior  grade)  and  ensign. 
The  Secretary  shall  also  determine  the  number  of  such  officers,  not 
to  exceed  the  computed  number,  that  will  be  required  to  meet  the 
needs  of  the  service  during  the  ensuing  year  in  each  grade  above 
lieutenant  (junior  grade)  and  in  the  combined  grades  of  lieutenant 
(junior  grade)  and  ensign.  The  number  so  determined  is  the  pre- 
scribed number  for  the  grade  or  grades  concerned. 

(f)  The  number  of  officers  on  the  active  list  designated  for  engi- 
neering duty,  aeronautical  engineering  duty,  and  special  duty  hold- 
ing permanent  appointments  in  the  grade  of  rear  admiral  may  not 
exceed  13  percent  of  the  number  of  officers  prescribed  for  the  grade 
of  rear  admiral  as  computed  under  subsection  (b).  The  Secretary,  as 
of  January  1  of  each  year,  shall  compute  the  number  of  officers 
authorized  by  this  subsection  to  hold  permanent  appointments  in  the 
grade  of  rear  admiral.  The  number  so  computed  is  the  number  of 
officers  on  the  active  list,  restricted  in  the  performance  of  duty,  pre- 
scribed for  the  permanent  grade  of  rear  admiral.  However,  except  in 
time  of  war  or  national  emergency,  the  total  number  of  officers  on 

[Emphasis  supplied.] 


150 


the  active  list,  restricted  in  the  performance  of  duty,  holding  perma- 
nent appointments  in  the  grade  of  rear  admiral  may  not  exceed  19. 

(g)  The  numbers  of  officers  on  the  active  list  designated  for  engi- 
neering duty,  aeronautical  engineering  duty,  and  special  duty, 
respectively,  holding  permanent  appointments  in  the  combined 
grades  of  captain,  commander,  and  lieutenant  commander  may  not 
exceed  the  following  percentages  of  the  sum  of  the  numbers  of 
officers  prescribed  for  those  grades  as  computed  or  determined  under 
subsection  (b)  : 

(1)  Engineering  duty — 11  percent. 

(2)  Aeronautical  engineering  duty — 7  percent. 

(3)  Special  duty — 12  percent. 

The  Secretary,  as  of  January  1  of  each  year,  shall  compute  the 
number  of  officers  designated  for  engineering  duty,  aeronautical 
engineering  duty,  and  special  duty,  respectively,  authorized  under 
this  section  to  hold  permanent  appointments  in  these  combined 
grades.  The  number  so  computed  for  each  designation  is  the  number 
of  officers  of  that  designation  on  the  active  list  prescribed  for  these 
combined  permanent  grades. 

(h)  The  prescribed  numbers  of  officers  computed  or  determined 
under  this  section  may  not  be  varied  between  computations.  How- 
ever, the  prescribed  number  for  a  grade  is  temporarily  increased 
during  the  period  between  one  annual  computation  and  the  next  suc- 
ceeding computation  by — 

(1)  the  number  of  officers  originally  appointed  in  that  grade 
during  that  period;  and 

(2)  the  number  of  officers  of  that  grade  for  whom  vacancies 
exist  in  the  next  higher  grade  but  whose  promotion  has  been 
delayed  for  any  reason. 

(i)  For  the  purpose  of  this  section — 

( 1 )  each  officer  is  counted  in  his  permanent  grade ;  and 

(2)  women  officers  are  not  counted. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  307;  Pub.  L.  90-386,  §  1(4), 
July  5,  1968,  82  Stat.  293.) 


10  TJ.S.C.  5448.  Marine  Corps:  officers  on  the  active  list: 

PERMANENT  GRADE 

(a)  The  distribution  in  permanent  grades  of  officers  on  the  active 
list  of  the  Marine  Corps  shall  be  based  on  the  following  percentages 
of  the  number  of  such  officers : 

(1)  Major  general  and  brigadier  general  combined— 75/...  0f  1 
percent. 

(2)  Colonel — 6  percent. 

(3)  Lieutenant  colonel — 12  percent. 

(4)  Major— 18  percent. 

(5)  Captain— 24?%00  -percent. 

(6)  First  lieutenant  and  second  lieutenant  combined— 3850/.  .„ 
percent.  /10° 

However,  the  number  of  officers  who  may  have  permanent 
appointments  on  the  active  list  of  the  Marine  Corps  in  the  grades  of 


151 


major  general  and  brigadier  general  may  not  exceed  36,  except  in 
time  of  war  or  national  emergency. 

(b)  The  Secretary  of  the  Navy,  as  of  January  1  of  each  year, 
shall  compute  the  number  of  officers  authorized  under  subsection  (a) 
for  the  grades  of  major  general  and  brigadier  general.  At  the  time 
of  making  this  computation,  the  Secretary  shall  also  determine  the 
number  of  officers  required  to  meet  the  needs  of  the  service  in  each 
of  those  grades.  The  number  so  determined  for  each  grade  is  the 
number  of  officers  on  the  active  list  prescribed  for  that  grade.  How- 
ever, the  prescribed  number  for  the  grade  of  major  general  may  not 
exceed  50  percent  of  the  sum  of  the  prescribed  numbers  for  that 
grade  and  the  grade  of  brigadier  genera],  and  the  sum  of  the  pre- 
scribed numbers  must  equal  the  number  authorized  for  general 
officer  grades  under  subsection  (a). 

(c)  The  Secretary,  as  of  January  1  of  each  year,  shall  compute 
the  number  of  officers  authorized  under  subsection  (a)  for  each  of 
the  grades  of  colonel,  lieutenant  colonel,  major,  and  captain  and  for 
the  combined  grades  of  first  lieutenant  and  second  lieutenant.  The 
number  so  computed  is  the  number  of  officers  on  the  active  list  pre- 
scribed for  the  grade  or  grades  concerned.  However,  if  the  number 
of  officers  prescribed  for  the  grade  of  colonel  as  computed  cannot  be 
attained  because  of  the  minimum  total  commissioned  service 
required  for  promotion  to  that  grade  by  section  5780  of  this  title, 
the  Secretary  shall  determine  an  appropriate  lesser  number.  The 
lesser  number  then  becomes  the  prescribed  number  for  the  grade  of 
colonel  and  the  Secretary  shall  make  a  corresponding  increase  in  the 
prescribed  number  for  one  or  more  of  the  lower  grades. 

(d)  Of  the  numbers  of  officers  prescribed  for  grades  below  colo- 
nel, as  computed  or  determined  under  subsection  (c),  not  more  than 
the  following  percentages  may  be  officers  designated  for  limited 
duty : 

(1)  Lieutenant  colonel — 36yl00  percent. 

(2)  Major— 8«%00  percent. 

(3)  Captain — 77%oo  percent. 

(4)  First  lieutenant  and  seoond  lieutenant  combined — 6%00 
percent. 

(e)  The  Secretary,  as  of  January  1  of  each  year,  shall  compute 
the  number  of  officers  designated  for  limited  duty  authorized  under 
subsection  (d)  for  each  grade  above  first  lieutenant  and  for  the  com- 
bined grades  of  first  lieutenant  and  second  lieutenant.  The  Secretary 
shall  also  determine  the  number  of  such  officers,  not  to  exceed  the 
computed  number,  that  will  be  required  to  meet  the  needs  of  the 
service  during  the  ensuing  year  in  each  grade  above  first  lieutenant 
and  in  the  combined  grades  of  first  lieutenant  and  second  lieutenant. 
The  number  so  determined  is  the  prescribed  number  for  the  grade  or 
grades  concerned. 

(f)  The  prescribed  numbers  of  officers  computed  or  determined 
under  this  section  may  not  be  varied  between  computations.  How- 
ever, the  prescribed  number  for  a  grade  is  temporarily  increased 
during  the  period  between  one  annual  computation  and  the  next  suc- 
ceeding computation  by — 

[Emphasis  supplied.] 


152 


(1)  the  number  of  officers  originally  appointed  in  that  grade 
during  that  period;  and 

(2)  the  number  of  officers  of  that  grade  for  whom  vacancies 
exist  in  the  next  higher  grade  but  whose  promotion  has  been 
delayed  for  any  reason. 

(g)'  For  the  purpose  of  this  section — 

( 1 )  each  officer  is  counted  in  his  permanent  grade ;  and 

(2)  women  officers  are  not  counted 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  309;  Aug.  3,  1961,  Pub.  L. 
87-123,  §  5(7),  75  Stat.  2.65.) 


10  TJ.S.C.  5449.  Navy  :  staff  corps  officers  on  the  active  list  ; 

PERMANENT  GRADE 

(a)  The  number  of  officers  on  the  active  list  of  the  Navy  holding 
permanent  appointments  in  the  grade  of  rear  admiral  in  the  Medical 
Corps,  the  Supply  Corps,  the  Chaplain  Corps,  the  Civil  Engineer 
Corps,  and  the  Dental  Corps,  respectively,  excluding  any  rear  admi- 
ral serving  as  a  chief  of  bureau,  may  not  exceed,  in  any  of  those 
corps,  s/io  of  1  percent  of  the  number  of  officers  on  the  active  list  of 
the  Navy  in  the  corps  concerned.  The  Secretary  of  the  Navy,  as  of 
January  1  of  each  year,  shall  compute  the  number  of  officers  author- 
ized under  this  section  to  hold  permanent  appointments  in  the  grade 
of  rear  admiral  in  each  corps.  The  number  so  computed  for  each 
corps  is  the  number  of  officers  on  the  active  list  in  that  corps  pre- 
scribed for  the  permanent  grade  of  rear  admiral.  However,  except  in 
time  of  war  or  national  emergency,  the  numbers  of  officers  who  may 
hold  permanent  appointments  on  the  active  list  of  the  Navy  in  the 
grade  of  rear  admiral  in  these  corps  may  not  exceed — 

(1)  15  in  the  Medical  Corps; 

(2)  13  in  the  Supply  Corps; 

(3)  2  in  the  Chaplain  Corps; 

(4)  4  in  the  Civil  Engineer  Corps ;  and 

(5)  4  in  the  Dental  Corps. 

(b)  Each  officer  who  holds  a  permanent  appointment  on  the  active 
list  of  the  Navy  in  the  grade  of  rear  admiral  in  a  staff  corps,  and 
who  serves  as  a  chief  of  bureau,  shall,  upon  the  termination  of  his 
appointment  as  chief  of  bureau,  be  carried  in  excess  of  the  pre- 
scribed number  until  the  next  vacancy  occurs  in  the  permanent 
grade  of  rear  admiral  in  his  corps. 

(c)  Repealed.  Pub.  I*  90-130,  §  1(17)  (C),  Nov.  8,  1967,  81  Stat. 
376. 

(d)  The  prescribed  numbers  of  officers  computed  under  this  sec- 
tion may  not  be  varied  between  computations. 

(e)  For  the  purpose  of  this  section — 

(1)  each  officer  is  counted  in  his  permanent  grade;  and 

(2)  women  officers  appointed  under  section  5590  of  this  title 
are  not  counted. 

fEmphasis  supplied.] 


153 


(Aug.  10,  1956,  ch.  1041,  70A  Stat.  311;  Aug.  21,  1957,  Pub.  L. 
85-155,  title  II,  §  201  (4),  71  Stat.  381;  Nov.  8,  1967,  Pub.  L. 
90-130, §  1(17)  (C),  (D),81  Stat.  376.) 


10  U.S.C.  5450.  Regular  Navy  :  retired  flag  officers  on  active  duty 

(a)  Except  in  time  of  war  or  national  emergency,  not  more  than 
ten  retired  officers  of  the  Regular  Navy  in  the  grade  of  rear  admiral 
and  above  may  be  on  active  duty. 

(b)  This  section  does  not  apply  to  fleet  admirals  or  to  retired 
officers  ordered  to  temporary  active  duty  to  serve  on  boards  con- 
vened under  chapter  543  of  this  title.  (Aug.  10,  1956,  ch.  1041,  70A 
Stat.  312.) 


10  U.S.C.  5451.  Suspension:  preceding:  sections 

(a)  Except  as  provided  in  subsection  (b),  the  President,  during  a 
war  or  national  emergency,  may  suspend  any  provision  of  the  pre- 
ceding sections  of  this  chapter.  Such  a  suspension  may  not  continue 
beyond  June  30  of  the  fiscal  year  following  that  in  which  the  war  or 
national  emergency  ends. 

(b)  The  President  may  suspend  provisions  of  sections  5442,  5443, 
and  5444  of  this  title  relating  to  officers  serving  in  grades  above  lieu- 
tenant in  the  Navy  or  captain  in  the  Marine  Corps  only  during  a 
war  or  national  emergency  declared  by  Congress  or  the  President 
after  May  5, 195i.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  312.) 


10  U.S.C.  5597.  Navt  and  Marine  Corps  :  temporary  appointments 

IN  TIME  OF  WAR  OR  NATIONAL  EMERGENCY 

(a)  Temporary  appointments  may  be  made  under  this  section 
only  in  time  of  war  or  during  a  national  emergency  declared  by  the 
President. 

(b)  Temporary  appointments  in  the  Regular  Navy  in  grades  not 
above  lieutenant  and  in  the  Regular  Marine  Corps  in  grades  not 
above  captain  may  be  made  from— 

(1)  warrant  officers  of  the  Regular  Navy  and  the  Regular 
Marine  Corps,  respectively,  including  retired  members  on  active 
duty; 

(2)  chief  and  first-class  petty  officers  of  the  Regular  Navy 
and  master,  technical,  and  staff  sergeants  of  the  Regular  Marine 
Corps,  respectively,  including  retired  members  on  active  duty; 
and 

(3)  chief  and  first-class  petty  officers  of  the  Fleet  Reserve  and 
master,  technical,  and  staff  sergeants  of  the  Fleet  Marine  Corps 
Reserve,  respectively,  on  active  duty. 


[Emphasis  supplied.] 


154 


(c)  Temporary  appointments  in  the  Naval  Reserve  in  grades  not 
above  lieutenant  and  in  the  Marine  Corps  Reserve  in  grades  not 
above  captain  may  be  made  from — 

(1)  warrant  officers  of  the  Naval  Reserve  and  the  Marine 
\    Corps  Reserve,  respectively,  on  active  duty ;  and 
j      ■  (2)  chief  and  first-class  petty  officers  of  the  Naval  Reserve 

and  master,  technical,  and  staff  sergeants  of  the  Marine  Corps 

Reserve,  respectively,  on  active  duty. 

(d)  Temporary  appointments  in  warrant  officer  grades  under  this 
section  shall  be  made  by  the  Secretary  of  the  Navy  under  such  regu- 
lations as  he  prescribes.  Such  appointments  shall  be  made  by  war- 
rant if  in  the  grade  of  warrant  officer,  W-l,  or  by  commission  if  in 
a  higher  warrant  officer  grade. 

(e)  Temporary  appointments  under  this  section  in  grades  above 
chief  warrant  officer,  W-4,  shall  be  made  under  regulations  pre- 
scribed by  the  President  and  in  such  numbers  as  he  determines  the 
needs  of  the  service  require.  Such  appointments  shall  be  made  by  the 
President  alone,  except  that  appointments  under  subsections  (f)  and 
(g)  in  grades  above  lieutenant  commander  in  the  Navy  shall  be 
made  by  the  President,  by  and  with  the  advice  and  consent  of  the 
Senate.  The  grade  of  commodore  is  established  for  the  purposes  of 
subsections  (f)  and  (g). 

******* 


10  U.S.C.  5598.  Naval  Reserve  and  Marine  Corps  Reserve  : 

TEMPORARY  APPOINTMENTS  IN  TIME  OF  WAR  OR  NATIONAL  EMERGENCY 

(a)  In  time  of  ■national  emergency  declared  by  the  President  or 
by  Congress,  and  in  time  of  war,  temporary  appointments  may  be 
made  in  any  commissioned  grade  in  the  Naval  Reserve  or  the 
Marine  Corps  Reserve  from  qualified  persons. 

(b)  Appointments  under  this  section  in  the  grades  of  chief  war- 
rant officer,  W-2,  chief  warrant  officer,  W-3,  and  chief  warrant 
officer,  W-4:,  shall  be  made  by  the  Secretary  of  the  Navy,  by  com- 
mission, under  such  regulations  as  he  prescribes. 

(c)  An  officer  appointed  under  this  section  may  be  ordered  to 
active  duty  for  such  period  as  the  President  prescribes. 

(d)  An  appointment  under  this  section  may  be  vacated  by  the 
President  at  any  time.  Unless  sooner  vacated,  the  appointment  is 
effective  during  the  war  or  emergency  in  which  it  is  made  and  for 
six  months  thereafter. 

(e)  The  appointment  of  a  permanent  warrant  officer  to  a  higher 
grade  under  this  section  does  not  vacate  his  permanent  grade  or 
prejudice  any  right,  privilege,  benefit,  or  promotion  status  to  which 
he  was  entitled  because  of  his  permanent  grade.  (Aug.  10,  1956  ch. 
1041,  70.A.  St  fit.  331.)  ' 

(f )  Temporary  appointments  in  a  staff  corps  and  in  the  line  or  in 
a  different  staff  corps  of  the  Regular  Navy  may  be  made  from 
retired  officers  of  the  Regular  Navy  in  the  line  and  staff  corps 
respectively,  who  are  on  active  duty.  Each  officer  appointed  under 

[Emphasis  supplied.] 


155 


this  subsection  shall  be  appointed  in  the  grade  in  which  he  was  serv- 
ing at  the  time  of  appointment. 

(g)  Temporary  appointments  in  a  staff  corps  and  in  the  line  or  in 
a  different  staff  corps  of  the  Naval  Reserve  may  be  made  from 
retired  officers  of  the  Naval  Reserve  in  the  line  and  staff  corps, 
respectively,  who  are  on  active  duty.  Each  officer  appointed  under 
this  subsection  shall  be  appointed  in  the  grade  in  which  he  was  serv- 
ing at  the  time  of  appointment. 

(h)  Temporary  appointments  under  this  section  do  not  change  the 
permanent,  probationary,  or  acting  status  of  members  so  appointed, 
prejudice  them  in  regard  to  promotion  or  appointment,  or  abridge 
their  rights  or  benefits. 

(i)  Each  temporary  appointment  vinder  this  section,  unless 
expressly  declined,  is,  without  formal  acceptance  or  oath  of  office, 
regarded  as  accepted  on  the  date  made. 

(j)  Temporary  appointments  under  this  section  are  effective  for 
such  periods  as  the  President  determines.  However,  no  such  appoint- 
ment may  be  effective  later  than — 

(1)  six  months  after  the  end  of  the  war  or  national  emer- 
gency; or 

(2)  the  date  the  appointee  is  released  from  active  duty ; 
whichever  is  earlier. 

(k)  When  his  temporary  appointment  under  this  section  is  termi- 
nated, each  member  of  the  naval  service  on  active  duty  shall  have 
the  grade  he  would  hold  if  he  had  not  received  any  such  appoint- 
ment. (Aug.  10,  1956,  ch.  1041,  70A  Stat.  330;  Sept.  7,  1962,  Pub.  L. 
87-649,  &§  5(a),  14c(28),  76  Stat.  493,  501.)  (As  amended  Sept.  28, 
1971,  Pub.  L.  92-129,  title  VI,  §  603(a),  85  Stat.  362.) 

[See  10  U.S.C.  5787  (S.  Rept.  483).  Infra.'\ 


10  U.S.C.  5599.  Medical  Corps:  acting  appointments  for 

TEMPORARY  SERVICE 

(a)  Appointments  for  temporary  service  in  the  Medical  Corps  in 
the  grade  of  lieutenant  (junior  grade)  may  be  made  by  the  Presi- 
dent alone. 

(b)  Appointees  under  this  section  may  not  be  placed  on  the  lineal 
list,  may  not  be  assigned  running  mates,  and  are  ineligible  for  pro- 
motion. The  number  of  such  appointees  may  not  be  more  than  250  at 
any  time,  except  that  in  time  of  war  or  declared  national 'emergency 
the  number  may  be  increased  by  the  President  as  he  considers  neces- 
sary to  meet  the  needs  of  the  naval  service.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  331).  _   


10  U.S.C.  5662.  Suspension:  preceding  sections 

(a)  The  President  may  suspend  any  provision  of  the  preceding 
sections  of  this  chapter  relating  to  officers  serving  in  the  grades  of 
lieutenant  and  lieutenant  (junior  grade)  during  any  period  when— 

[Emphasis  supplied.] 


156 


(1)  the  number  of  officers  serving  on  active  duty  in  the  grade 
of  ensign  and  above  in  the  line  of  the  Navy  exceeds  the  number 
of  officers  on  the  active  list  in  the  line  of  the  Navy ;  and 

(2)  he  determines  that  the  needs  of  the  service  so  require, 
(b)  During  a  war  or  national  emergency,  the  President  may  sus- 
pend any  provision  of  the  preceding  sections  of  this  chapter.  Such  a 
suspension  may  not  continue  beyond  June  30  of  the  fiscal  year  fol- 
lowing that  in  which  the  war  or  national  emergency  ends.  (Aug.  10, 
1956,  ch.  1041,  70A  Stat.  335.) 

[See  10  U.S.C.  5234  (H.  Eept.  542) .  Supra.] 


10  U.S.C.  5711.  Suspension  and  exceptions  :  preceding  sections 

(a)  The  President  may  suspend  any  provision  of  the  preceding 
sections  of  this  chapter  relating  to  officers  serving  in  the  grades  of 
lieutenant  and  lieutenant  (junior  grade)  in  the  Navy,  other  than 
women  officers  appointed  under  section  5590  of  this  title,  or  relating 
to  male  officers  serving  in  the  grades  of  captain  and  first  lieutenant 
in  the  Marine  Corps  during  any  period  when — 

(1)  the  number  of  male  officers  serving  on  active  duty  in  the 
grade  of  ensign  and  above  in  the  line  of  the  Navy  exceeds  the 
number  of  male  officers  on  the  active  list  in  the  line  of  the 
Navy ;  and 

(2)  he  determines  that  the  needs  of  the  service  so  require. 

(b)  During  a  war  or  national  emergency,  the  President  may  xus- 
pend  any  provision  of  the  preceding  sections  of  this  chapter.  Such  a 
suspension  may  not  continue  beyond  June  30  of  the  fiscal  year  fol- 
lowing that  in  which  the  war  or  national  emergency  ends. 

(c)  Officers  in  the  following  categories  are  ineligible  for  consider- 
ation by  a  selection  board  under  this  chapter  and  are  not  counted  as 
officers  serving  on  active  duty  for  the  purpose  of  susbsection  (a) : 

(1)  Repealed.  Pub.  L.  90-130,  §  1(18)  (M),  Nov.  8,  1967,  81 
Stat.  377. 

(2}  Retired  officers. 

(3)  Officers  of  the  Naval  Reserve  and  the  Marine  Corps 
Reserve  assigned  to  active  duty  for  training. 

(4)  Officers  of  the  Naval  Reserve  and  the  Marine  Corps 
Reserve  ordered  to  active  duty  in  connection  with  organizing, 
administering,  recruiting,  instructing,  training,  or  drilling  the 
Naval  Reserve  or  the  Marine  Corps  Reserve. 

(5)  Officers  of  the  Naval  Reserve  and  the  Marine  Corps 
Reserve  ordered  to  temporary  active  duty  to  prosecute  special 

90i5f§lV)9(S),Ch8is^:3^  ^  3455  N°V-  8'  1967'  Pub- 
[See  10  U.S.C.  5234  (H.  Rept.  542).  Supra.] 
[Emphasis  supplied.] 


157 


10  U.S.C.  5785.  Suspension:  preceding  sections 

(a)  The  President  may  suspend  any  provision  of  the  preceding 
sections  of  this  chapter  relating  to  officers  serving  in  the  grades  of 
lieutenant  and  lieutenant  (junior  grade)  in  the  Navy,  other  than 
women  officers  appointed  under  section  5590  of  this  title,  or  relating 
to  male  officers  serving  in  the  grades  of  captain  and  first  lieutenant 
in  the  Marine  Corps  during  any  period  when — 

(1)  the  number  of  male  officers  serving  on  active  duty  in  the 
grade  of  ensign  and  above  in  the  line  of  the  Navy  exceeds  the 
number  of  male  officers  on  the  active  list  in  the  line  of  the 
Navy;  and 

(2)  he  determines  that  the  needs  of  the  service  so  require. 

(b)  During  a  war  or  national  emergency,  the  President  may  sus- 
pend any  provision  of  the  preceding  sections  of  this  chapter  relating 
to  officers  of  the  Navy  and  the  Marine  Corps,  other  than  women 
officers  appointed  under  section  5590  of  this  title.  Such  a  suspension 
may  not  continue  beyond  June  30  of  the  fiscal  year  following  that  in 
which  the  war  or  national  emergency  ends.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  365;  Sept.  2,  1958,  Pub.  L.  85-861,  §  33  (a)  (29),  72  Stat. 
1566.) 

[See  10  TJ.S.C.  5234  (H.  Eept.  542) .  Supra.] 


10  U.S.C.  5787.  Temporary  promotions  in  time  of  war  or  national 

EMERGENCY 

(a)  Promotions  may  be  made  under  this  section  only  in  time  of 
war  or  during  a  national  emergency  declared  by  the  President. 

(b)  The  President  may  promote  to  a  higher  grade  any  member  of 
the  naval  service  serving  on  active  duty  in  the  Navy  in  the  grade  of 
ensign  or  above  or  serving  on  active  duty  in  the  Marine  Corps  in  the 
grade  of  second  lieutenant  or  above.  Such  promotions  shall  be  made 
under  such  regulations  as  the  President  prescribes  and  in  such  num- 
bers as  he  determines  the  needs  of  the  service  require. 

(c)  The  Secretary  of  the  Navy,  under  such  regulations  as  he  pre- 
scribes, may  promote  to  the  next  higher  warrant  officer  grade  any 
member  of  the  naval  service  serving  on  active  duty  in  a  warrant 
officer  grade  below  chief  warrant  officer,  ~W-i. 

(d)  The  grade  of  commodore  in  the  Navy  is  established  for  the 
purposes  of  this  section. 

(e)  Promotions  under  this  section  shall  be  made  by  temporary 
appointments.  Each,  such  appointment  to  a  grade  above  lieutenant 
commander  in  the  Navy  or  to  a  grade  above  major  in  the  Marine 
Corps  shall  be  made  by  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate.  Each  such  appointment  to  a  warrant  officer 
grade  shall  be  made  by  the  Secretary,  by  commission.  All  other  tem- 
porary appointments  under  this  section  shall  be  made  by  the  Presi- 
dent alone. 

[Emphasis  supplied.] 


24-509  O  -  73  -  12 


158 


(f )  Temporary  promotions  under  this  section  to  the  grade  of  lieu- 
tenant or  above  in  the  Navy  or  to  the  grade  of  captain  or  above  in 
the  Marine  Corps  may  be  made  only  upon  the  recommendation  of  a 
board  of  officers  convened  for  that  purpose.  In  addition  to  recom- 
mending officers  for  promotion,  a  board  so  convened  shall  make  the 
report  required  by  section  6305  of  this  title. 

(g)  Each  temporary  appointment  under  this  section,  unless 
expressly  declined,  is  without  formal  acceptance,  regarded  as 
accepted  on  the  date  made. 

(h)  Temporary  appointments  under  this  section  do  not  change  the 
permanent,  probationary,  or  acting  status  of  members  so  appointed, 
prejudice  them  in  regard  to  other  promotion  or  appointment,  or 
abridge  their  rights  or  benefits. 

(i)  Temporary  appointments  under  this  section  are  effective  for 
such  periods  as  the  President  determines.  However,  no  such  appoint- 
ment may  be  effective  later  than — 

(1)  six  months  after  the  end  of  the  war  or  national  emer- 
gency; or 

(2)  the  date  the  appointee  is  released  from  active  duty; 
whichever  is  earlier. 

(j)  When  his  temporary  appointment  under  this  section  is  termi- 
nated or  expires,  each  member  of  the  naval  service  on  active  duty 
shall  have  the  grade  he  would  hold  if  he  had  not  received  any  such 
appointment.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  366;  Sept.  7",  1962, 
Pub.  L.  87-649,  §§  5(b),  14c(30),  76  Stat.  493,  501.) 

******* 
(As  amended  Sept.  28,  1971,  Pub.  L.  92-129,  title  VI,  S  630(b),  85 
Stat.  362.) 

— N  O  T  E — 

Excerpt  From  Senate  Reft.  483,  77th  Cong.,  1st  Sess.  (1941) 

The  purpose  of  this  bill  is  to  provide  for  the  temporary 
appointment  or  advancement  of  certain  personnel  of  the 
Navy,  Marine  Corps,  and  Coast  Guard  as  commissioned  or 
warrant  officers,  and  thus  meet  the  officer  requirements  inci- 
dent to  the  great  expansion  of  the  Naval  Establishment 
upon  which  we  are  now  entering,  and  of  which  aviation  is 
an  important  part. 

Many  warrant  officers  and  enlisted  men  would  be  of 
greater  value  to  the  service  as  commissioned  officers  in  time 
of  war  or  national  emergency.  By  temporarily  promoting 
warrant  officers  and  petty  officers  who  are  qualified  for  com- 
mission, by  which  is  meant  that  they  possess  qualifications 
which  fit  them  for  posts  of  greater  authority  and  responsi- 
bility in  their  specialities,  and  for  duties  of  wider  scope 
than  those  normally  assigned  them  in  their  present  posi- 
tions, maximum  use  will  be  made  of  the  abilities  of  individ- 
uals who  are  already  in  service. 

******* 


[Emphasis  supplied.] 


159 


During  a  period  of  expansion,  such  as  that  upon  which 
the  Naval  Establishment  is  now  entering,  it  will  be  imprac- 
ticable for  an  officer  to  complete  the  present  legal  period  of 
service  in  grade  before  he  must  be  given  greater  responsibil- 
ities, thus  requiring  that  he  fill  a  billet  normally  filled  by 
an  officer  of  higher  rank.  This  bill  therefore  provides  for 
temporary  advancements  or  promotions,  which  like  the  tem- 
porary appointments,  will  be  for  the  duration  of  the  na- 
tional emergency,  and  be  subject  to  similar  conditions  upon 
•  the  termination  of  active  duty  thereunder. 

Representatives  of  the  Navy  Department  have  stated  that 
there  is  no  immediate  necessity  for  temporary  promotions 
in  the  so-called  command  grades,  namely,  commander,  cap- 
tain, and  rear  admiral  pending  the  report  of  the  next  regu- 
larly constituted  selection  boards  for  permanent  promotions. 
It  is  the  intention  to  fill  any  shortage  therein  which  might 
exist  following  such  report  by  temporary  promotions. 

There  have  been  a  number  of  factors  which  tended  to 
build  up  an  excess  in  the  higher  grades.  One  of  these  was 
the  Personnel  Act  of  1938,  which  provided  for  promotions 
to  all  grades  except  lieutenant  and  rear  admiral  on  a  fitted, 
as  well  as  a  best-fitted,  basis.  Individuals  so  promoted  and 
retained  on  the  active  list  are  carried  in  excess  in  the  var- 
ious grades.  For  a  short  period  after  that  law  went  into 
effect  only  so  many  of  these  so-called  fitted  officers  as  were 
needed  to  meet  the  immediate  needs  of  the  service  were 
retained  on  the  active  list.  During  the  past  year,  however, 
all  such  officers  have  been  retained  on  the  active  list,  and  it 
is  expected  that  the  practice  will  be  continued  as  long  as  the 
emergency  lasts,  especially  as  the  Congress  has  provided 
that  no  officer  who  has  been  adjudged  fitted  for  promotion 
shall  be  involuntarily  retired  during  the  emergency. 

*  *  *  *  *  *  * 

Very  briefly  the  bill — 

(1)  Authorizes  the  temporary  advancement  of  officers  in 
the  Navy,  the  Marine  Corps,  and  the  Coast  Guard  to  higher 
ranks  including  retired  officers  recalled  to  active  duty. 

(2)  Authorizes  the  temporary  appointment  of  enlisted 
men  to  warrant  and  commissioned  ranks;  including  retired 
and  Reserve  men  assigned  to  active  duty. 

(3)  Provides  that  temporary  appointments  and  advance- 
ments shall  be  in  such  numbers  as  the  President  may  deem 
necessary  and  be  made  in  such  manner  and  under  such  reg- 
ulations as  he  may  prescribe. 

(4)  Provides  that  temporary  appointments  and  advance- 
ments may  be  made  by  the  President  alone,  except  that  pro- 
motions to  the  grade  of  rear  admiral  in  the  Navy  and 
general  officers  in  the  Marine  Corps  shall  be  made  by  and 
with  the  advice  and  consent  of  the  Senate. 

(5)  Grants  enlisted  men  initally  appointed  as  officers  the 
sum  of  $250  as  a  uniform  gratuity. 

[Emphasis  supplied.] 


160 


(6)  Provides  that  personnel  temporarily  promoted  shall 
receive  the  pay  of  the  rank  to  which  promoted. 

(7)  Authorizes  percentage  pay  increases  for  officers  who 
perform  active  duty  while  on  the  retired  list. 

(8)  Makes  provision  for  retirement  benefits  for  certain 
classes  of  individuals  who,  while  on  active  duty,  incur  phys- 
ical disability  in  the  line  of  duty  in  time  of  war  or  national 
emergency. 

(9)  Provides  that  the  permanent  status  on  the  active  or 
retired  list  of  personnel  temporarily  appointed  or  promoted 
will  not  be  vacated  while  such  personnel  are  holding  such 
appointments  or  higher  ranks  or  grades. 

(10)  Provides  that  temporary  appointments  and  promo- 
tions to  the  different  grades  may  be  made  over  and  above 
the  number  now  authorized  by  law  for  each  grade  in  the 
permanent  naval  establishment. 

(11)  Provides  that  the  temporary  appointment  or 
advancement  of  personnel  may  be  revoked  at  any  time  and 
that  upon  termination  of  their  temporary  status  they  revert 
to  their  permanent  status. 

(12)  Limits  to  not  more  than  6  montlia  after  the  termina- 
tion of  war  or  national  emergency  the  period  of  time 
during  which  the  temporary  appointments  and  promotions 
made  under  the  authority  of  the  bill  may  continue  to  be  in 
force. 

******* 

Section  9  of  the  bill  provides  that  any  temporary 
appointment  made  pursuant  to  the  authority  contained  in 
section  2  shall  not  be  counted  in  any  computation  to  deter- 
mine the  authorized  number  of  officers  in  any  grade.  This 
means  that  percentage  distributions  in  grades  will  not 
apply  insofar  as  temporary  appointments  and  promotions 
are  concerned.  Temporary  appointments  and  promotions  to 
the  different  grades  may  be  made  over  and  above  the  num- 
bers now  authorized  by  law  for  each  grade  in  the  permanent 
Naval  Establishment  to  meet  the  needs  of  the  service  as 
they  arise. 


10  U.S.C.  5982.  Ships  and  squadrons:  detail  of  retired  officers 
to  command 

(a)  In  time  of  war,  the  President,  by  and  with  the  advice  and 
consent  of  the  Senate,  may  detail  retired  officers  of  the  Navy  on 
active  duty  to  the  command  of  squadrons  and  single  ships,  if  he 
believes  that  the  good  of  the  service  requires  that  they  be  so  detailed. 

(b)  In  making  details  under  subsection  (a),  the  President  may 
select  any  retired  officer  not  below  the  grade  of  commander  and 
assign  him  to  the  command  of  a  squadron,  with  the  rank  and  title  of 
a  flag  officer. 

[Empbasis  supplied.] 


161 


(c)  If  a  retired  officer  detailed  under  subsection  (a)  receives,  on 
the  recommendation  of  the  President,  a  vote  of  thanks  of  Congress 
for  his  services  and  gallantry  in  action  against  the  enemy,  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate,  may  appoint 
him  to  the  active  list  of  the  Navy.  (Aug.  10,  1956,  ch.  1041,  70A 
Stat.  373.) 


10  U.S.C.  6241.  Medal  of  honor 

The  President  may  award,  and  present  in  the  name  of  Congress,  a 
medal  of  honor  of  appropriate  design,  with  ribbons  and  appurte- 
nances, to  a  person  who,  while  a  member  of  the  naval  service,  distin- 
guishes himself  conspicuously  by  gallantry  and  intrepidity  at  the 
risk  of  his  life  above  and  beyond  the  call  of  duty — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  oppositing  foreign  force; 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  helligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  389;  July  25,  1963,  Pub.  L. 
88-77,  §  2(1),  77  Stat.  93.) 

[See  14  U.S.C.  491,  Note.  Infra.} 


10  TJ.S.C.  6242.  Navy  cross 

The  President  may  award  a  Navy  cross  of  appropriate  design, 
with  ribbons  and  appurtenances,  to  a  person  who,  while  serving  in 
any  capacity  with  the  Navy  or  Marine  Corps,  distinguishes  himself 
by  extraordinary  heroism  not  justifying  the  award  of  a  medal  of 
honor — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States ; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  389;  July  25,  1963,  Pub.  L. 
88-77,  §  2(2),  77  Stat.  94.) 

[See  14  U.S.C.  491,  Note.  Infra.] 


10  U.S.C.  6244.  Silver  star  medal 

The  President  may  award  a  silver  star  medal  of  appropriate 
design,  with  ribbons  and  appurtenances,  to  a  person  who,  while 

[Emphasis  supplied.] 


162 


serving  in  any  capacity  with  the  Navy  or  Marine  Corps,  is  cited  for 
gallantry  in  action  that  does  not  warrant  a  medal  of  honor  or  Navy 
cross —  .  .  , 

(1)  while  engaged  in  an  action  against  an  enemy  or  tnc 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  i/i  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  389;  July  25,  1963,  Pub.  L. 
S8-77,  §  2(3),  77  Stat.  94.) 

[See  14  U.S.C.  491,  Note.  Infra.] 


10  U.S.C.  6246.  Navy  and  Marine  Corps  Medal 

The  President  may  award  a  medal  called  the  "Navy  and  Marine 
Corps  Medal"  of  appropriate  design  with  accompanying  ribbon, 
together  with  a  rosette  or  other  device  to  be  worn  in  place  thereof — 

(1)  to  any  person  who,  while  serving  in  any  capacity  with 
the  Navy  or  the  Marine  Corps,  distinguishes  himself  by  heroism 
not  involving  actual  conflict  with  an  enemy;  or 

(2)  to  any  person  to  whom  the  Secretary  of  the  Navy,  before 
August  7,  1942,  awarded  a  letter  of  commendation  for  heroism, 
and  who  applies  for  that  medal,  regardless  of  the  date  of  the 
act  of  heroism. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  390.) 
[See  14  U.S.C.  491,  Note.  Infra.] 


10  U.S.C.  6386.  Suspension:  preceding  sections 

(a)  The  President  may  suspend  any  provision  of  the  preceding 
sections  of  this  chapter  relating  to  officers  serving  in  the  grade?  of 
lieutenant  and  lieutenant  (junior  grade)  in  the  Navy,  other  than 
women  officers  appointed  under  section  5590  of  this  title,  or  relating 
to  male  officei'S  serving  in  the  grades  of  captain  and  first  lieutenant 
in  the  Marine  Corps  during  any  period  when — 

(1)  the  number  of  male  officers  serving  on  active  duty  in  the 
grade  of  ensign  and  above  in  the  line  of  the  Navy  exceeds  the 
number  of  male  officers  on  the  active  list  in  the  line  of  the 
Navy;  and 

(2)  he  determines  that  the  needs  of  the  service  so  require. 

(b)  Officers  in  the  following  categories  are  not  counted  as  officers 
serving  on  active  duty  for  the  purpose  of  clause  (1)  of  subsection 
(a) : 

(1)  Retired  officers. 

(2)  Officers  of  the  Naval  Reserve  assigned  to  active  duty  for 
training. 

[Emphasis  supplied.] 


163 


(3)  Officers  of  the  Naval  Reserve  ordered  to  active  duty  in 
connection  with  organizing,  administering,  recruiting,  instruct- 
ing, training,  or  drilling  the  Naval  Reserve. 

(4)  Officers  of  the  Naval  Reserve  ordered  to  temporary  active 
duty  to  prosecute  special  work. 

(c)  During  a  war  or  national  emergency,  the  President  may  sus- 
pend any  provision  of  the  preceding  sections  of  this  chapter.  Such  a 
suspension  may  not  continue  byond  June  30  of  the  fiscal  year  follow- 
ing that  in  which  the  war  or  national  emergency  ends.  (Aug.  10, 
1956,  ch.  1041,  70A  Stat.  408.) 

[See  10  U.S.C.  5234  (H.  Rept.  542).  Supra.'] 


10  U.S.C.  6408.  Navy  and  Marine  Corps  ;  warrant  officers,  W-l : 

LIMITATION  ON  DISMISSAL 

(a)  No  officer  who  holds  the  grade  of  warrant  officer,  W-l,  may 
be  dismissed  from  the  Navy  or  the  Marine  Corps  except  in  tim.e  of 
war,  by  order  of  the  President. 

(b)  The  President  may  drop  from  the  rolls  of  the  Navy  or  the 
Marine  Corps  any  officer  who  holds  the  grade  of  warrant  officer, 
W-l,  who — 

(1)  has  been  absent  without  authority  for  at  least  three 
months;  or 

(2)  is  sentenced  to  confinement  in  a  Federal  or  State  peniten- 
tiary or  correctional  institution  after  having  been  found  guilty 
of  an  offense  by  a  court  other  than  a  court-martial  or  other  mil- 
itary court,  and  whose  sentence  has  become  final. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  416.) 


10  U.S.C.  6481.  Retired  officers  of  the  Regular  Navy  and  Regular 
Marine  Corps  :  authority  to  recall 

In  time  of  war  or  national  emergency  declared  by  the  President, 
the  Secretary  of  the  Navy  may  order  any  retired  officer  of  the  Regu- 
lar Navy  or  the  Regular  Marine  Corps  to  active  duty  at  sea  or  on 
shore.  At  any  other  time  the  Secretary  may  order  such  a  retired 
officer  to  active  dutv  at  sea  or  on  shore  only  with  his  consent.  (Aug. 
10,  1956,  ch.  1041,  70A  Stat.  416.) 


10  U.S.C.  6482.  Retired  enlisted  members  of  the  Regular  Navy 
and  Regular  Marine  Corps  :  authority  to  recall 

In  time  of  war  or  national  emergency  the  Secretary  of  the  Nary 
may  order  to  active  duty  any  retired  enlisted  member  of  the  Regular 
Navy  or  the  Regular  Marine  Corps.  (Aug.  10,  1956,  ch.  1041,  70A 
Stat.  417.) 


[Emphasis  supplied.] 


164 


10  U.S.C.  6485.  Members  or  the  Fleet  Reserve  and  Fleet  Marine 
Corps  Reserve  :  authority  to  recall 

(a)  A  member  of  the  Fleet  Reserve  or  the  Fleet  Marine  Corps 
Reserve  may  be  ordered  by  competent  authority  to  active  duty  with- 
out his  consent — 

(1)  in  time  of  war  or  national  emergency  declared  by  Con- 
gress, for  the  duration  of  the  war  or  national  emergency  and 
for  six  months  thereafter ; 

(2)  in  time  of  national  emergency  declared  by  the  President; 

or 

(3)  when  otherwise  authorized  by  law. 

(b)  In  time  of  peace  any  member  of  the  Fleet  Reserve  or  the 
Fleet  Marine  Corps  Reserve  may  be  required  to  perform  not  more 
than  two  months'  active  dutv  for  training  in  each  four-year  period 
and  shall  be  physically  examined  at  least  once  during  each  four-year 
period.  If  any  member  fails  to  report  for  the  physical  examination, 
the  Secretary  may  order  any  pav  due  that  member  forfeited.  (Aug. 
10,  1956,  ch.'l041,  70A  Stat."417.) 


10  U.S.C.  6486.  Members  of  the  Fleet  Reserve  and  Fleet  Marine 
Corps  Reserve  :  release  from  active  dutt 

r  (a)  Except  as  provided  in  subsection  (b),  the  Secretary  of  the 
Xavy  may,  at  any  time,  release  any  member  of  the  Fleet  Reserve  or 
the  Fleet  Marine  Corps  Reserve  from  active  duty. 

(b)  In  time  of  war  or  national  emergency  declared  by  Congress  or 
b>/  the  President  after  January  1,  1953,  a  member  of  the  Fleet 
Reserve  or  the  Fleet  Marine  Corps  Reserve,  without  his  consent, 
may  be  released  from  active  duty  other  than  from  active  duty  for 
training  only  if — 

(1)  a  board  of  officers  convened  at  his  request  by  an  authority 
designated  by  the  Secretary  recommends  the  release  and  the  rec- 
ommendation is  approved ; 

(2)  the  member  does  not  request  that  a  board  be  convened;  or 

(3)  his  release  is  otherwise  authorized  by  law. 

This  subsection  does  not  apply  during  a  period  of  demobilization 
or  reduction  m  strength  of  the  Navy  or  the  Marine  Corps.  (Aug.  10, 
1056,  ch.  1041,  70A  Stat.  417.) 


10  U.S.C.  6487.  Retired  rear  admirals:  retired  pat  after  two 

TEARS  OF  ACTIVE  DUTT 

Each  officer  holding  a  permanent  appointment  in  the  grade  of 
roar  admiral  on  the  retired  list  who  is  entitled  to  the  pay  of  the 
lower  half  of  that  grade,  and  who,  in  time  of  war  or  national  emer- 
gency, serves  satisfactorily  on  active  dutv  for  two  years  in  that 
grade  or  in  a  higher  grade,  is  thereafter  entitled,  when  on  inactive 

[Emphasis  supplied.] 


165 


duty,  to  retired  pay  equal  to  75  percent  of  the  basic  pay  of  a  rear 
admiral  in  the  upper  half  of  that  grade.  (Aug.  10,  1956,  ch.  1041. 
70A  Stat.  418.) 


10  U.S.C.  6911.  Aviation  cadets:  grade;  procurement;  transfer 

(a)  The  grade  of  aviation  cadet  is  a  special  enlisted  grade  in  the 
naval  service.  Under  such  regulations  as  the  Secretary  of  the  Navy 
prescribes,  male  citizens  in  civil  life  may  be  enlisted  as,  and  male 
enlisted  members  of  the  naval  service  with  their  consent  may  be  des- 
ignated as,  aviation  cadets. 

(b)  Except  in  time  of  war  or  emergency  declared  by  Congress,  20 
percent  of  the  avaiation  cadets  procured  in  each  fiscal  year  shall  be 
procurred  from  qualified  enlisted  members  of  the  Regular  Navy  and 
the  Regular  Marine  Corps. 

(c)  No  person  may  be  enlisted  or  designated  as  an  aviation  cadet 
unless — 

(1)  he  agrees  in  writing  that,  upon  his  successful  completion 
of  the  course  of  training  as  an  avaiation  cadet,  he  will  accept  a 
commission  as  an  ensign  in  the  Naval  Reserve  or  a  second  lieu- 
tenant in  the  Marine  Corps  Reserve,  and  will  serve  on  active 
duty  as  such  for  at  least  three  years,  unless  sooner  released ;  and 

(2)  if  under  21  years  of  age,  he  has  the  consent  of  his  parent 
or  guardian  to  his  agreement. 

(d)  Under  such  regulations  as  the  Secretary  prescribes,  an  avia- 
tion cadet  may  be  transferred  to  another  enlisted  grade  or  rating  in 
the  naval  service,  released  from  active  duty,  or  discharged.  (Aug.  10. 
1956,  ch.  1041,  70A  Stat.  426;  July  31,  1958,  Pub.  L.  85-578,  72 
Stat.  456.) 


10  U.S.C.  7224.  Transportation  on  naval,  vessels  during  wartime 

In  time  of  war  or  during  a  national  emergency  declared  by  the 
President,  such  persons  as  the  Secretary  of  the  Navy  authorizes  by 
regulation  may  be  transported  and  subsisted  on  naval  vessels  at 
Government  expense.  (Aug.  10, 1956,  ch.  1041,  70A  Stat.  447.) 


10  U.S.C.  7722.  Stat  of  suit 

(a)  Whenever  in  time  of  war  the  Secretary  of  the  Navy  certifies 
to  a  court,  or  to  a  judge  of  a  court,  in  which  a  suit  described  in  sec- 
tion 7721  of  this  title  is  pending,  that  the  prosecution  of  the  suit 
would  tend  to  endanger  the  security  of  naval  operations  in  the  war, 
or  would  tend  to  interfere  with  those  operations,  all  further  proceed- 
ings in  the  suit  shall  be  stayed. 

(b)  A  stay  under  this  section,' does,  ijot  suspend  the  issue  of  process 
to  take  or  preserve  evidence  td  .be  used  in  the  trial  or  prevent  the 
completion  of  action  under  similar,  process  issued  before  the  stay. 
(Aug.  10, 1956,  ch.  1041,  70A  Stat.  484.)  ; 

[Emphasis  supplied.] 


166 


10  U.S.C.  7724.  Stat  of  proceedings  for  taking  evidence  before 

SUIT  IS  FILED 

(a)  If  in  time  of  war,  with  respect  to  any  claim  against  the 
United  States  on  which  a  suit  described  in  section  7721  of  this  title 
would  lie,  the  Secretary  of  the  Navy  certifies  to  the  court,  or  to  a 
judge  of  the  court,  in  which  proceedings  are  pending  for — 

( 1 )  the  granting  of  a  dedimus  potestatem  to  take  depositions ; 

(2)  a  direction  to  take  depositions  in  perpetuam  rei  raemo- 
riam ;  or 

(3)  the  taking  of  depositions  or  production  of  evidence  pur- 
suant to  such  dedimus  potestatem  or  direction,  or  pursuant  to 
any  other  proceedings  for  the  purpose ; 

that  the  proceedings  would  tend  to  endanger  the  security  of  the 
United  States  or  any  of  its  naval  or  military  operations  in  the  war, 
or  would  tend  to  interfere  with  those  operations,  then  the  proceed- 
ings may  not  be  started  or,  if  they  have  been  started,  they  shall, 
when  the  certificate  is  filed,  be  stayed. 

(b)  The  time  during  which  a  claimant  may  file  suit  of  the  type 
described  in  section  7721  of  this  title  is  computed  by  excluding  the 
time  during  which  a  stay  under  this  section  or  any  extension  of  such 
a  stay  is  in  effect.  (Aug.  10, 1956,  ch.  1041,  70A  Stat.  484.) 


10  U.S.C.  7727.  Duration  of  stay 

A  stay  of  proceedings  under  this  chapter  remains  in  effect  for  the 
period  specified  in  the  certificate  upon  which  it  was  based  unless  the 
Secretary  of  the  Navy  issues  a  new  certificate  under  section  7725  or 
7726  of  this  title  changing  the  termination  date.  However,  a  stay 
under  this  chapter  may  not  remain  in  force  longer  than  six  months 
after  the  cessation  of  hostilities.  (Aug.  10,  1956,  ch.  1041.  70A  Stat. 
485.) 

— N.0  T  E — 

Excerpt  from  House  Kept.  1681,  78th  Congress,  2d  Sess.  (1944) 
purpose 

The  general  purpose  of  the  bill,  S.  1173  is  to  provide 
that,  in  time  of  war,  proceedings  against  the  United  States 
under  the  Public  Vessels  Act  and  proceedings  to  take  testi- 
mony shall  be  stayed,  when  the  Secretary  of  the  Navy  shall 
certify  to  the  court  in  which  such  suit  is  pending  that  the 
prosecution  of  any  such  suit  or  proceeding  would  tend  to 
endanger  the  security  of  naval  operations  in  such  war,  or 
interfere  with  such  operations,  for  a  period  until  6  months 
after  the  cessation  of  hostilities  in  such  war  or  until  such 
earlier  time  as  may  be  stated  in  the  certificate. 
[Emphasis  supplied.] 


167 


EXPLANATION 

The  Public  Vessels  Act  (46  U.S.C.  781,  et  seq.),  passed  in 
1925,  authorizes  suits  against  the  United  States  for  damage 
caused  by  public  vessels  of  the  United  States. 

Section  1  of  the  bill  S.  1173  provides  that,  if  the  Secre- 
tary of  the  Navy  certifies  to  the  court  in  which  the  suit  is 
pending  that  the  prosecution  of  such  suit  would  tend  to 
endanger  the  security  of  naval  operations  in  such  war,  or 
interfere  with  such  operations,  all  further  proceedings  in 
such  suit  shall  forthwith  be  stayed  until  6  months  after  the 
cessation  of  hostilities  in  such  war,  or  until  such  earlier 
date  as  may  be  stated  in  such  certificate.  This  section  also 
provides  that  if,  in  pending  suits,  the  Secretary  files  a  fur- 
ther certificate,  then  any  proceedings  to  take  testimony  or 
preserve  evidence  for  use  in  the  case  shall  be  stayed  in  a 
manner  similar  to  other  proceedings  in  the  case. 

Section  2,  as  far  as  procedure  is  concerned,  is  to  the  same 
effect  as  section  1.  This  section  relates  to  court  proceedings 
undertaken  in  advance  of  the  filing  of  any  suit  or  plead- 
ings. It  particularly  affects  the  practice  under  which,  prior 
to  the  commencement  of  actual  litigation,  a  court,  order  pre- 
viously might  be  obtained  to  take  and  preserve  the  testi- 
mony of  some  witness,  whose  testimony  may  become  impor- 
tant in  the  event  of  future  litigation. 

Sections  1  and  2  give  the  Secretary  of  the  Navy  absolute 
authority  to  have  litigation  against  the  United  States  under 
the  Public  Vessels  Act  stayed  in  keeping  with  the  terms  of 
his  certificate.  When  such  certificate  is  filed,  it  will  be  the 
duty  of  the  court  to  enter  an  order  in  keeping  with  the  cer- 
tificate; the  situation  will  not  be  a  matter  for  the  court  to 
determine  in  its  discretion. 

Section  3  defines  the  "vessels  of  the  Navy  or  in  the  naval 
service,"  to  which  the  bill  relates. 

******* 

NEED  FOR  LEGISLATION 

The  above  provisions  affect  admiralty  litigation  against 
the  United  States  under  the  Public  Vessels  Act  only  in  the 
situation  where  the  Secretary  of  the  Navy  files  a  certificate. 
This  legislation  has  been  urged  by  the  Navy  Department  as 
of  very  considerable  importance  in  preventing  possible  dis- 
closure in  litigation  of  information  which  would  be  of  great 
value  to  the  enemy.  This  act  would  preclude  the  develop- 
ment and  recording  through  litigation  of  date  of  security 
importance,  which  is  intended  to  be  subject  to  the  control  of 
the  Navy  Department  alone. 


168 


The  committee  is  informed  that,  by  virtue  of  waiver 
agreements  contained  in  the  new  charter  parties  under 
which  the  American  merchant  marine  is  operated  by  the 
War  Shipping  Administration,  which  were  effective  May 
15,  1944,  future  collision  claims  of  privately  owned  mer- 
chant vessels  of  the  United  States  against  naval  vessels  are 
waived.  This  bill,  therefore,  will  have  little  application  to 
the  American  merchant  marine  because  of  the  waiver  of 
claims.  Security  considerations  ordinarily  would  not  exist  in 
connection  with  collisions  with  harbor  craft  and  nonchar- 
tered  American  vessels.  There  are  now  pending  certain  other 
waiver  agreements  similar  to  those  which  the  American 
merchant  marine  has  entered  into.  In  order  to  become  a 
party  to  these  waiver  agreements,  the  Navy  Department 
needs  to  have  its  authority  to  make  settlements  increased. 
The  settlement  authorization  increase,  as  recommended  by 
the  committee's  amendment,  will  facilitate  the  Navy 
Department's  entering  into  the  waiver  agreements,  which 
are  under  consideration  at  this  time,  and  therebv  eliminate 
prospective  future  litigation.  The  extent  to  which  litigation 
is  eliminated  by  waiver  agreements  and  settlements  makes 
the  provisions  for  a  stay  contained  in  this  bill  unnecessary, 
and  interference  with  naval  operations  and  leakage  of  secu- 
rity information  are  thereby  avoided.  This  consideration  is 
an  additional  factor  in  the  committee's  recommending  the 
increase  of  the  authorization  over  the  net  payment  of 
$100,000  contained  in  S.  1173. 


10  U.S.C.  8031.  Composition.:  assignment  and  detail  of  members 

OF  AIR  FORCE  AND  CIVILIANS 

(a)  There  is  in  the  executive  part  of  the  Department  of  the  Air 
Force  an  Air  Staff  consisting  of — 

(1)  the  Chief  of  Staff; 

(2)  the  Vice  Chief  of  Staff; 

(3)  not  more  than  five  Deputy  Chiefs  of  Staff ; 

(4)  other  members  of  the  Air  Force  assigned  or  detailed  to 
the  Air  Staff ;  and 

(5)  civilians  in  the  Department  of  the  Air  Force  assigned  or 
detailed  to  the  Air  Staff. 

(b)  The  Air  Staff  shall  be  organized  in  such  manner,  and  its 
members  shall  perform  such  duties  and  have  such  titles,  as  the  Sec- 
retary may  prescribe. 

(c)  Not  more  than  2.800  officers  of  the  Air  Force  mav  be  assigned 
or  detailed  to  permanent  duty  in  the  executive  part  of  the  Depart- 
ment of  the  Air  Force.  However,  this  limitation  does  not  apply  in 
time  of  war,  or  of  national  emergency  declared  by  Congress,  or 
whenever  the  President  finds  that  it  is  in  the  national  interest  to 
increase  the  number  of  officers  in  the  executive  part  of  the  Depart- 

[Emphasis  supplied.] 


169 


ment.  The  Secretary  shall  report  annually  to  Congress  the  number 
of  officers  in  the  executive  part  of  the  Department  of  the  Air  Force 
and  the  justification  therefor. 

(d)  No  commissioned  officer  who  is  assigned  or  detailed  to  duty  in 
the  executive  part  of  the  Department  of  the  Air  Force  may  serve 
for  a  tour  of  duty  of  more  than  four  years.  However,  the  Secretary 
may  extend  such  a  tour  of  duty  if  he  makes  a  special  finding  that 
the  extension  is  necessary  in  the  public  interest.  No  officer  may  be 
assigned  or  detailed  to  duty  in  the  executive  part  of  the  Department 
of  the  Air  Force  within  two  years  after  relief  from  that  duty, 
except  upon  a  special  finding  by  the  Secretary  that  the  assignment 
or  detail  is  necessary  in  the  public  interest.  This  subsection  does  not 
apply  in  time  of  war,  or  of  national  emergency  declared  by  Con- 
gress. (Aug.  10,  1956,  ch.  1041,  70A  Stat.  490;  Nov.  2,  1966,  Pub.  L. 
89-718,  §  45,  80  Stat.  1121.) 


10  U.S.C.  8304.  Chief  of  Staff:  appointment;  duties 

(a)  The  Chief  of  Staff  shall  be  appointed  for  a  period  of  four 
years  by  the  President,  by  and  with  the  advice  and  consent  of  the 
Senate,  from  the  general  officers  of  the  Air  Force.  He  serves  during 
the  pleasure  of  the  President.  In  time  of  war  or  national  emergency 
declared  by  the  Congress  after  December  31,  1968,  he  may  be  reap- 
pointed for  a  term  of  not  more  than  four  years. 

(b)  The  Chief  of  Staff,  while  so  serving,  has  the  grade  of  general 
without  vacating  his  regular  or  reserve  grade,  and  is  counted  as  one 
of  the  officers  authorized  to  serve  in  a  grade  above  lieutenant  gen- 
eral under  section  8066  of  this  title. 

(c)  Except  as  otherwise  prescribed  by  law  and  subject  to  section 
8012  (c)  and  (d)  of  this  title,  the  Chief  of  Staff  performs  his  duties 
under  the  direction  of  the  Secretary  of  the  Air  Force,  and  is 
directly  responsible  to  the  Secretary  for  the  efficiency  of  the  Air 
Force,  its  preparedness  for  military  operations,  and  plans  therefor. 

(d)  The  Chief  of  Staff  shall— 

( 1 )  preside  over  the  Air  Staff ; 

(2)  send  the  plans  and  recommendations  of  the  Air  Staff  to 
the  Secretary,  and  advise  him  with  regard  thereto ; 

(3)  after  approval  of  the  plans  or  recommendations  of  the 
Air  Staff  by  the  Secretary,  act  as  the  agent  of  the  Secretary  in 
carrying  them  into  effect; 

(4)  exercise  supervision  over  such  of  the  members  and  organi- 
zations of  the  Air  Force  as  the  Secretary  of  the  Air  Force 
determines.  Such  supervision  shall  be  exercised  in  a  manner  con- 
sistent with  the  full  operational  command  vested  in  unified  or 
specified  combatant  commanders  under  section  124  of  this  title. 

(5)  perform  the  duties  prescribed  for  him  by  sections  141  and 
171  of  this  title  and  other  provisions  of  law ;  and 

(6)  perform  such  other  military  duties,  not  otherwise 
assigned  by  law,  as  are  assigned  to  him  by  the  President. 

[Emphasis  supplied.] 


170 


(Aug.  10,  1956,  ch.  1041,  70A  Stat.  492;  Aug.  6,  1958,  Pub.  L. 
85-599,  §  4  (d),  (e),  72  Stat.  517;  Sept.  7,  1962,  Pub.  L.  87-651, 
title  I,  §  114,  76  Stat.  513;  June  5,  1967,  Pub.  L.  90-22,  title  IV, 
§  403,  81  Stat.  53.) 

[See  10  U.S.C.  3034,  Note.  Supra.] 


10  U.S.C.  8202.  Am  Force  :  officers  in  certain  commissioned  grades 

(a)  The  authorized  strength  of  the  Air  Force  in  officers  on  active 
duty  in  each  of  the  following  grades  on  the  last  day  of  each  fiscal 
year,  exclusive  of  officers  on  active  duty  for  training  only  and 
officers  serving  with  other  departments  or  agencies  on  a  reimbursable 
basis,  is,  except  as  provided  in  subsections  (e)  and  (f),  based  on  the 
actual  strength  of  the  Air  Force  in  those  officers,  as  follows : 


The  authorized  strength  in  grade  is — 

If  the  actual 


strength 1  is —  For  For  For  For 

general  colonels  lieutenant  majors 

officers  colonels 


50,000  _:_  312  3,133  6,065  9,455 

60,000    324  3,540  6,822  11,298 

70,000  J.  336  3,857  7,427  13,125 

80,000  ,:.  349  4,107  7,920  14,936 

90,000  _'_  363  4,299  8,316  16,740 

100,000    380  4,440  8,620  18,530 

110,000    398  4,750  9,350  20  295 

120,000    416  5,020  10,056  22,056 

130,000   434  5,273  10,725  23,803 

140,000  .".  452  5,484  11,368  25,536 

150,000   470  5,665  12,000  27  255 

160  000   478  5,842  12,608  28  976 

170  000  '_  486  5,974  13,175  30,685 

180,000   495  6,075  13,716  32,328 

1  As  determined  by  the  Secretary  of  the  Air  Force. 

If  the  actual  strength  is  determined  to  be  between  two  of  the  figures 
named  in  the  first  column  of  the  table,  the  corresponding  authorized 
strengths  in  grade  are  determined  by  mathematical  interpolation 
between  the  respective  authorized  strengths  named  in  the  table.  If  it 
is  determined  to  be  more  than  180,000,  the  Secretary  shall  fix  the 
corresponding  authorized  strengths  in  grade  in  general  conformity 
with  the  table. 

(b)  Not  more  than  one-half  of  the  general  officer  strength  may  be 
in  grades  above  brigadier  general. 

(c)  A  vacancy  m  any  grade  may  be  filled  by  an  authorized 
appointment  in  any  lower  grade. 

(d)  In  time  of  war,  or  of  national  emergency  declared  after  May  5, 
1951,,  by  Congress  or  the  President,  the  President  may  suspend  the 
operation  of  any  provision  of  this  section. 


[Emphasis  supplied.] 


171 


(e)  The  authorized  strengths  of  the  Air  Force  in  officers  who  are 
designated  as  medical  or  dental  officers  of  the  Air  Force  in  grades 
below  brigadier  general  shall  be  based  on  the  needs  of  the  Air  Force 
as  determined  by  the  Secretary  under  regulations  to  be  prescribed  by 
the  Secretary  of  Defense. 

(f)  In  determining  the  authorized  strength  of  the  Air  Force 
under  subsection  (a),  the  strengths  authorized  for  those  who  are  des- 
ignated as  medical  or  dental  officers  of  the  Air  Force  shall  be 
excluded.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  498 ;  Sept.  2,  1958,  Pub. 
L.  85-861,  §1(158).  72  Stat.  1514;  Dec.  28,  1967,  Pub.  L.  90-228, 
§1(4),  (5),  81  Stat.  745.) 


10  U.S.C.  8212.  Regular  Aik  Force;  Air  Force  Reserve;  Air  Na- 
tional Guard  of  United  States  :  strength  in  grade  ;  temporary 
increases 

The  authorized  strength  in  any  regular  or  reserve  grade,  as  pre- 
scribed by  or  under  this  chapter,  is  automatically  increased  to  the 
minimum  extent  necessary  to  give  effect  to  each  appointment  made 
in  that  grade  under  section  541,  1211(a),  8298,  8299,  8365  (a)  and 
(c),  8366  (a)  and  (d),  8375,  8376,  8380,  8381,  or  9353,  of  this  title.  An 
authorized  strength  so  increased  is  increased  for  no  other  purpose, 
and  while  he  holds  that  grade  the  officer  whose  appointment  caused 
the  increase  is  counted  for  the  purpose  of  determining  when  other 
appointments,  not  under  those  sections,  may  be  made  in  that  grade. 
(Aug.  10,  1956,  ch.  1041,  70A  Stat.  501;  Aug.  21,  1957,  Pub.  L. 
85-155,  title  III,  §  301(3),  71  Stat.  386;  Sept.  2,  1958,  Pub.  L. 
85-861,  §  1(163),  72  Stat.  1515;  June  30, 1960,  Pub.  L.  86-559,  §  1(48), 
74  Stat.  275.) 

******* 


10  U.S.C.  8257.  Regular  Air  Force:  aviation  cadets; 
qualifications,  grade,  limitations 

(a)  The  grade  of  aviation  cadet  is  a  special  enlisted  grade  in  the 
Regular  Air  Force. 

(b)  Any  male  citizen  of  the  United  States  may  be  enlisted  as  an 
aviation  cadet,  if  he  is  otherwise  qualified. 

(c)  Any  male  enlisted  member  of  the  Regular  Air  Force  who  is 
otherwise  qualified  may  be  designated,  with  his  consent,  as  an  avia- 
tion cadet  by  the  Secretary  of  the  Air  Force. 

(d)  Except  in  time  of  war  or  of  emergency  declared  by  Congress, 
at  least  20  percent  of  the  aviation  cadets  designated  in  each  fiscal 
year  shall  be  selected  from  members  of  the  Regular  Air  Force  or  the 
Regular  Army  who  are  eligible  and  qualified.  No  person  may  be 
enlisted  or  designated  as  an  aviation  cadet  unless — 

(1)  he  agrees  in  writing  that,  upon  his  successful  completion 
of  the  course  of  training  as  an  aviation  cadet,  he  will  accept  a 

[Emphasis  supplied.] 


172 


commission  as  second  lieutenant  in  the  Air  Force  Reserve,  and 
will  serve  on  active  duty  as  such  for  a  period  of  three  years, 
unless  sooner  released ;  and 

(2)  if  under  21  years  of  age,  he  has  the  consent  of  his  parent 
or  guardian  to  his  agreement, 
(e)  While  on  active  duty,  an  aviation  cadet  is  entitled  to  uni- 
forms, clothing,  and  equipment  at  the  expense  of  the  United  States. 
(Aug.  10,  1956,  ch.  1041,  70A  Stat.  504;  Sept.  2,  1958,  Pub.  L.  85- 
861,  §  33  (a)  (37),  72  Stat.  1566.) 


10  U.S.C.  8313.  Suspension  of  laws  for  promotion  or  mandatory 

RETIREMENT  OR  SEPARATION  DOTING  WAR  OR  EMERGENCY 

In  time  of  war,  or  of  emergency  declared  by  Congress  or  the  Pres- 
ident, the  President  may  suspend  the  operation  of  any  provision  of 
law  relating  to  promotion,  or  mandatory  retirement  or  separation,  of 
commissioned  officers  of  the  Regular  Air  Force.  (Aug.  10,  1956,  ch. 
1041, 70A  Stat.  519. )   


10  U.S.C.  8395.  During  war 

In  addition  to  appointments  in  time  of  war  under  chapter  839  of 
this  title,  appointments  of  reserve  officers  may  be  made  in  time  of 
war.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  521.) 


10  U.S.C.  8444.  Commissioned  officers:  during  war  or  emergency 

(a)  In  time  of  emergency  declared  by  Congress  or  the  President, 
and  in  time  of  war,  the  President  may  appoint  any  qualified  person, 
including  a  person  who  is  not  a  Regular  or  Reserve,  in  any  tempo- 
rary commissioned  grade. 

(b)  An  officer  appointed  under  subsection  (a)  may  be  ordered  to 
active  duty  for  such  period  as  the  President  prescribes. 

(c)  Unless  sooner  vacated,  an  appointment  under  subsection  (a)  is 
effective  during  the  war  or  emergency  in  which  it  is  made  and  for 
six  months  thereafter. 

(d)  For  the  purposes  of  determining  grade,  position  on  a  promo- 
tion list,  seniority  in  temporary  grade,  and  eligibility  for  promotion, 
each  medical  or  dental  officer  of  the  Air  Force  who  is  appointed  in  a 
temporary  grade  under  subsection  (a)  with  a  view  to  designation  as 
a  medical  or  dental  officer  shall,  when  he  enters  on  active  duty,  be 
credited  with  the  constructive  service  authorized  by  section  8294  (b) 
of  this  title.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  522;  Sept.  2,  1958, 
Pub.  L.  85-861,  §  1  (180)  (A),  72  Stat  1532.) 

[Emphasis  supplied.] 


173 


10  U.S.C.  8445.  Officers  :  additional  appointments  ddbing  war 

OR  EMERGENCY 

(a)  In  addition  to  appointments  authorized  under  section  8442  of 
this  title,  in  time  of  war,  or  of  national  emergency  declared  by  the 
President,  a  regular  officer  or  a  reserve  warrant  officer  may  be 
appointed  in  a  temporary  grade  that  is  higher  than  his  regular  or 
reserve  grade,  without  vacating  that  grade. 

(b)  In  addition  to  appointments  authorized  under  subsection  (a) 
of  this  section,  and  sections  8442  and  8444  of  this  title,  in  time  of 
war  a  person  who  holds  no  commissioned  grade  in  the  Regular  Air 
Force  may  be  appointed  in  any  temporary  commissioned  grade. 

(c)  Unless  sooner  vacated,  the  appointment  of  an  officer  under 
subsection  (b),  except  a  member  of  the  Regular  Air  Force,  is 
effective  during  the  war  in  which  it  is  made  and  for  six  months 
thereafter. 

(d)  Each  officer  appointed  under  subsection  (b)  shall,  unless  he  is 
a  member  of  the  Regular  Air  Force,  be  relieved  from  active  duty,  at 
his  request,  within  six  months  after  the  termination  of  the  war. 
(Aug.  10,  1956,  ch.  1041,  70A  Stat.  522;  Sept.  2,  1958,  Pub.  L. 
85-861,  §  1  (180)  (B),  72  Stat.  1532.) 

[See  10  U.S.C.  3445  (Senate  Rept.  2484) .  Supra.'] 


10  U.S.C.  8500.  Air  National  Guard  in  Federal  Service:  call 
Whenever — 

(1)  the  United  States,  or  any  of  the  Territories,  Common- 
wealths, or  possessions,  is  invaded  or  is  in  danger  of  invasion 
by  a  foreign  nation ; 

(2)  there  is  a  rebellion  or  danger  of  a  rebellion  against  the 
authority  of  the  Government  of  the  United  States ;  or 

(3)  the  President  is  unable  with  the  regular  forces  to  execute 
the  laws  of  the  United  States ; 

the  President  may  call  into  Federal  service  members  and  units  of 
the  Air  National  Guard  of  any  State  or  Territory,  Puerto  Rico,  the 
Canal  Zone,  or  the  District  of  Columbia  in  such  numbers  as  he  con- 
siders necessary  to  repel  the  invasion,  suppress  the  rebellion,  or  exe- 
cute those  laws.  Orders  for  these  purposes  shall  be  issued  through 
the  governors  of  the  States,  the  Territories,  Puerto  Rico,  and  the 
Canal  Zone,  and,  in  the  District  of  Columbia,  through  the  command- 
ino-  general  of  the  National  Guard  of  the  District  of  Columbia. 
(Aug.  10, 1956,  ch.  1041, 70 A  Stat.  525.) 

******* 


10  U.S.C.  8741.  Medal  of  honor:  award 

The  President  may  award,  and  present  in  the  name  of  Congress,  a 
medal  of  honor  of  appropriate  design,  with  ribbons  and  appurte- 

[Emphasis  supplied.] 


24-509  O  -  73  -  13 


174 


nances,  to  »  person  who,  while  a  member  of  the  Air  Force,  distin- 
guishes himself  conspicuously  by  gallantry  and  intrepidity  at  the 
risk  of  his  life  above  and  beyond  the  call  of  duty — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  540;  July  25,  1963,  Pub.  L. 
88-77,  §3(1),  77  Stat.  94.) 

[See  14  U.S.C.  491,  Note.  Infra.} 


10  U.S.C.  8742.  Air  Force  cross:  award 

The  President  may  award  an  Air  Force  cross  of  appropriate 
design,  with  ribbons  and  appurtenances,  to  a  person  who,  while  serv- 
ing in  any  capacity  with  the  Air  Force,  distinguishes  himself  by 
extraordinary  heroism  not  justifying  the  award  of  a  medal  of 
honor — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force;  or 

(3)  whUe  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  an  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  10,  1956,  ch.  1041,  70A  Stat.  540;  July  6,  1960,  Pub.  L. 
86-593,  §  1(1),  74  Stat.  331;  July  25,  1963,  Pub.  L.  88-77,  §  3(2), 
77  Stat.  94.) 

[See  14  U.S.C.  491,  Note.  Infra.] 


10  U.S.C.  8746.  Silver  star:  award 

The  President  may  award  a  silver  star  of  appropriate  design,  with 
ribbons  and  appurtenances,  to  a  person  who,  while  serving  in  any 
capacity  with  the  Air  Force,  is  cited  for  gallantry  in  action  that 
does  not  warrant  a  medal  of  honor  or  Air  Force  cross  

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed conflict  against  an  opposing  armed  force  in  which  the 
united  estates  u  not  a  belligerent  party. 

s^mW77%^lf' 70A  stat- 541;  Jul* 25'  1963>  ™- L- 

[See  14  U.S.C.  491,  Note.  Infra,] 


[Emphasis  supplied.] 


175 


10  TJ.S.C.  8750.  Airman's  Medal:  award;  limitations 

(a)  The  President  may  award  a  decoration  called  the  "Airman's 
Medal",  of  appropriate  design  with  accompanying  ribbon,  to  any 
person  who,  while  serving  in  any  capacity  with  the  Air  Force,  dis- 
tinguishes himself  by  heroism  not  involving  actual  conflict  with  an 
enemy. 

(b)  Not  more  than  one  Airman's  Medal  may  be  awarded  to  a 
person.  However,  for  each  succeeding  act  that  would  otherwise  jus- 
tify the  award  of  such  a  medal,  the  President  may  award  a  suitable 
bar  or  other  device  to  be  worn  as  he  directs.  (Aug.  10,  1956,  ch.  1041T 
70A  Stat.  542;  July  6, 1960,  Pub.  L.  86-593,  §  1(6),  74  Stat.  332.) 

[See  14  U.S.C.  491,  Note.  Infra.] 


10  U.S.C.  9022.  Contract  surgeons 

(a)  In  an  emergency  the  Secretary  of  the  Air  Force  may  employ 
as  many  contract  surgeons  as  may  be  necessary. 

(b)  When  a  contract  surgeon  is  in  charge  of  an  Air  Force  hospi- 
tal, he  has  the  same  authority  as  a  medical  officer.  (Aug.  10,  1956, 
ch.  1041,  70A  Stat.  558.) 


10  U.S.C.  9025.  Production  of  supplies  and  munitions:  hours 

AND  PAT  OF  LABORERS  AND  MECHANICS 

During  a  national  emergency  declared  by  the  President,  the  regu- 
lar working  hours  of  laborers  and  mechanics  of  the  Department  of 
the  Air  Force  producing  military  supplies  or  munitions  are  8  hours 
a  day  or  40  hours  a  week.  However,  under  regulations  prescribed  by 
the  Secretary  of  the  Air  Force  these  hours  may  be  exceeded.  Each 
laborer  or  mechanic  who  works  more  than  40  hours  in  a  workweek 
shall  be  paid  at  a  rate  not  less  than  one  and  one-half  times  the  regu- 
lar hourly  rate  for  each  hour  in  excess  of  40.  (Aug.  10,  1956,  ch. 
1041, 70A  Stat.  558.) 


10  U.S.C.  9441.  Status:  support  bt  Air  Force;  employment 

(a)  The  Civil  Air  Patrol  is  a  volunteer  civilian  auxiliary  of  the 
Air  Force. 

(b)  To  assist  the  Civil  Air  Patrol  in  the  fulfillment  of  its  objec- 
tives as  set  forth  in  section  202  of  title  36,  the  Secretary  of  the  Air 
Force  may,  under  regulations  prescribed  by  him  with  the  approval 
of  the  Secretary  of  Def  ense — 

(1)  give,  lend,  or  sell  to  the  Civil  Air  Patrol  without  regard 
to  the  Federal  Property  and  Administrative  Services  Act  of 
1949,  as  amended  (40  U.S.C.  471  et  seq.)— 

(A)  major  items  of  equipment,  including  aircraft,  motof 
vehicles,  and  communication  equipment;  and 

[Emphasis  supplied.] 


176 


( B )  necessary  related  supplies  and  training  aids ; 
that  are  excess  to  the  military  departments; 

(2)  permit  the  use  of  such  services  and  facilities  of  the  Air 
Force  as  he  considers  to  be  needed  by  the  Civil  Air  Patrol  to 
carry  out  its  mission ; 

(3)  furnish  such  quantities  of  fuel  and  lubricants  to  the  Civil 
Air  Patrol  as  are  needed  by  it  to  carry  out  any  mission  assigned 
to  it  by  the  Air  Force ; 

(4)  establish,  maintain,  and  supply  liaison  offices  of  the  Air 
Force  at  the  National,  State,  and  Territorial  headquarters,  and 
at  not  more  than  eight  regional  headquarters,  of  the  Civil  Air 
Patrol ; 

(5)  detail  or  assign  any  member  of  the  Air  Force  or  any 
officer  or  employee  of  the  Department  of  the  Air  Force  to  any 
liaison  office  at  the  National,  State,  or  Territorial  headquarters, 
and  at  not  more  than  eight  regional  headquarters,  of  the  Civil 
Air  Patrol ; 

(6)  detail  any  member  of  the  Air  Force  or  any  officer  or 
employee  of  the  Department  of  the  Air  Force  to  any  unit  or 
installation  of  the  Civil  Air  Patrol  to  assist  in  the  training  pro- 
gram of  the  Civil  Air  Patrol ;  and 

(7)  in  time  of  war,  or  of  national  emergency  declared  after 
May  %7,  1954,  by  Congress  or  the  President,  authorize  the  pay- 
ment of  travel  expenses  and  allowances,  in  accordance  with  the 
Travel  Expense  Act  of  1949  (5  U.S.C.  835  et  seq.),  to  members 
of  the  Civil  Air  Patrol  while  carrying  out  any  mission  specifi- 
cally assigned  by  the  Air  Force. 

(c)  The  Secretary  may  use  the  services  of  the  Civil  Air  Patrol  in 
fulfilling  the  noncombat  mission  of  the  Department  of  the  Air 
Force.  (Aug.  10, 1956,  ch.  1041, 70A  Stat.  572.) 


10  TJ.S.C.  9501.  Industrial  mobilization:  orders;  priorities; 

POSSESSION  OF  MANUFACTURING  PLANTS ;  VIOLATIONS 

(a)  In  time  of  war  or  when  war  is  imminent,  the  President, 
through  the  head  of  any  department,  may  order  from  any  person  or 
organized  manufacturing  industry  necessary  products  or  materials 
of  the  type  usually  produced  or  capable  of  being  produced  by  that 
person  or  industry. 

(b)  A  person  or  industry  with  whom  an  order  is  placed  under 
subsection  (a),  or  the  responsible  head  thereof,  shall  comply  with 
that  order  and  give  it  precedence  over  all  orders  not  placed  under 
that  subsection. 

(c)  In  time  of  war  or  when  war  ix  imminent,  the  President 
through  the  head  of  any  department,  may  take  immediate  possession 
of  any  plant  that  is  equipped  to  manufacture,  or  that  in  the  opinion 
of  the  Secretary  of  the  Air  Force  is  capable  of  being  readily  trans- 
formed into  a  plant  for  manufacturing,  arms  or  ammunition,  parts 

[Emphasis  supplied.] 


177 


thereof,  or  necessary  supplies  for  the  Air  Force,  if  the  person  or 
industry  owning  or  operating  the  plant,  or  the  responsible  head 
thereof,  refuses — 

(1)  to  give  precedence  to  the  order  as  prescribed  in  subsection 
0>) ; 

(2)  to  manufacture  the  kind,  quantity,  or  quality  of  arms  or 
ammunition,  parts  thereof,  or  necessary  supplies  as  ordered  by 
the  Secretary ;  or 

(3)  to  furnish  them  at  a  reasonable  price  as  determined  by 
the  Secretary. 

(d)  The  President,  through  the  Secretary,  may  manufacture  prod- 
ucts that  are  needed  in  time  of  war  or  when  war  is  imminent,  in  any 
plant  that  is  seized  under  subsection  (c) . 

(e)  Each  person  or  industry  from  whom  products  or  materials  are 
ordered  under  subsection  (a)  is  entitled  to  a  fair  and  just  compensa- 
tion. Each  person  or  industry  whose  plant  is  seized  under  subsection 
(c)  is  entitled  to  a  fair  and  just  rental. 

(f )  Whoever  fails  to  comply  with  this  section  shall  be  imprisoned 
for  not  more  than  three  years  and  fined  not  more  than  $50,000. 
(Aug.  10, 1956,  ch.  1041, 70A  Stat.  573.) 


10  U.S.C.  9502.  Industrial  mobilization  :  plants  ;  lists  ;  Board  on 
Mobilization  of  Industries  Essential  for  Military  Prepared- 
ness 

(a)  The  Secretary  of  the  Air  Force  shall  maintain  a  list  of  all 
privately  owned  plants  in  the  United  States,  and  the  Territories, 
Commonwealths,  and  possessions,  that  are  equipped  to  manufacture 
for  the  Air  Force  arms  or  ammunition,  or  parts  thereof,  and  shall 
obtain  complete  information  of  the  kinds  of  those  products  manu- 
factured or  capable  of  being  manufactured  by  each  of  those  plants, 
and  of  the  equipment  and  capacity  of  each  of  those  plants. 

(b)  The  Secretary  shall  maintain  a  list  of  privately  owned  plants 
in  the  United  States,  and  the  Territories,  Commonwealths,  and  pos- 
sessions, that  are  capable  of  being  readily  transformed  into  factories 
for  the  manufacture  of  ammunition  for  the  Air  Force,  and  that 
have  a  capacity  sufficient  to  warrant  conversion  into  ammunition 
plants  in  time  of  war  or  when  war  is  imminent,  and  shall  obtain 
complete  information  as  to  the  equipment  of  each  of  those  plants. 

(c)  The  Secretary  shall  prepare  comprehensive  plans  for  convert- 
ing each  plant  listed  pursuant  to  subsection  (b)  into  a  factory  for 
the  manufacture  of  ammunition  or  parts  thereof. 

(d)  The  President  may  appoint  a  nonpartisan  Board  on  Mobiliza- 
tion of  Industries  Essential  for  Military  Preparedness,  and  may 
provide  necessary  clerical  assistance  to  organize  and  coordinate  oper- 
ations under  this  section  and  section  9501  of  this  title.  (Aug.  10, 
1956,  ch.  1041,  70A  Stat.  574.) 

[Emphasis  snpplied.] 


178 


— N  O  T  E — 

Excerpt  fbom  House  Rept.  297,  64th  Cong.,  2d  Sess.  (1916) 

The  committee  has  also  provided  in  this  bill  for  the  mobi- 
lization of  industries  and  the  utilization  of  the  commercial 
and  industrial  resources  of  the  country  for  war  purposes. 
This  subject  has  engaged  the  attention  and  has  been  under- 
taken in  all  the  countries  now  engaged  in  war.  The  section 
in  the  bill  has  been  worked  out  by  the  War  College  Divi- 
sion, General  Staff  Corps,  and  in  the  opinion  of  the  com- 
mittee is  a  very  essential  part  of  any  plan  looking  to 
preparedness. 


10  U.S.C.  9591.  Utilities:  proceeds  from  overseas  operations 

During  actual  or  threatened  hostilities,  proceeds  from  operating  a 
public  utility  in  connection  with  operations  of  the  Air  Force  in  the 
field  overseas  are  available  for  that  utility  until  the  close  of  the 
fiscal  vear  following  that  in  which  they  are  received.  (Aug.  10, 1956, 
ch.  1041,  70A  Stat.  578.) 


10  U.S.C.  9742.  Control  of  transportation  systems  in  time  of  war 

In  time  of  war,  the  President,  through  the  Secretary  of  the  Air 
Force,  may  take  possession  and  assume  control  of  all  or  part  of  any 
system  of  transportation  to  transport  troops,  war  material,  and 
equipment,  or  for  other  purposes  related  to  the  emergency.  So  far  as 
necessary,  he  may  use  the  system  to  the  exclusion  of  other  traffic. 
(Aug.  10, 1956,  ch.  1041, 70A  Stat.  587.) 


10  U.S.C.  9773.  Acquisition  and  construction  :  air  bases  and  depots 

(a)  The  Secretary  of  the  Air  Force  shall  determine  the  sites  of 
such  additional  permanent  air  bases  and  depots  in  all  strategic  areas 
of  the  United  States  and  the  Territories,  Commonwealths,  posses- 
sions, and  holdings  as  he  considers  necessary.  He  shall  determine 
when  the  enlargement  of  existing  air  bases  and  depots  is  necessary 
for  the  effective  peacetime  training  of  the  Air  Force. 

(b)  In  determining  the  sites  of  new  air  bases  and  depots,  the  Sec- 
retary shall  consider  the  following  regions  for  the  purposes  indi- 
cated— 

(1)  the  Atlantic  northeast,  for  training  in  cold  weather  and 
in  fog; 

(2)  the  Atlantic  southeast,  and  Caribbean  areas,  for  training 
in  long-range  operations,  especially  those  incident  to  reinforcine 
the  defenses  of  the  Panama  Canal ; 

[Emphasis  supplied.] 


179 


(3)  the  southeastern  United  States,  to  provide  a  depot  neces- 
sary to  maintain  the  Air  Force; 

(4)  the  Pacific  northwest,  to  establish  and  maintain  air  com- 
munication with  Alaska ; 

(5)  Alaska,  for  training  under  conditions  of  extreme  cold ; 

(6)  the  Rocky  Mountain  area,  to  provide  a  depot  necessary  to 
maintain  the  Air  Force,  and  for  training  in  operations  from 
fields  in  high  altitudes;  and 

(7)  other  regions,  for  the  establishment  of  intermediate  air 
bases  to  provide  for  transcontinental  movements  of  the  Air 
Force  for  maneuvers. 

(c)  In  selecting  sites  for  air  bases  and  depots  covered  by  this  sec- 
tion and  in  determining  the  alteration  or  enlargement  of  existing  air 
bases  or  depots,  the  Secretary  shall  consider  the  need — 

(1)  to  form  the  nucleus  for  concentration  of  Air  Force  units 
in  time  of  war ; 

(2)  to  permit,  in  time  of  peace,  training  and  effective  plan- 
ning in  each  strategic  area  for  the  use  and  expansion  of  com- 
mercial, municipal,  and  private  flying  installations  in  time  of 
war; 

(3)  to  locate,  in  each  strategic  area  in  which  it  is  considered 
necessary,  adequate  storage  facilities  for  munitions  and  other 
articles  necessary  to  facilitate  the  movement,  concentration, 
maintenance,  and  operation  of  the  Air  Force ;  and 

(4)  to  afford  the  maximum  warning  against  surprise  attack 
by  enemy  aircraft  upon  aviation  of  the  United  States  and  its 
necessary  installations  consistent  with  maintaining,  in  connec- 
tion with  existing  or  contemplated  landing  fields,  the  full  power 
of  the  Air  Force  for  operations  necessary  in  the  defense  of  the 
United  States,  and  in  the  defense  and  reinforcement  of  the  Ter- 
ritories, Commonwealths,  possessions,  and  holdings. 

(d)  In  carrying  out  this  section,  the  Secretary,  on  behalf  of  the 
United  States,  may  acquire  title,  in  fee  simple  and  free  of  encum- 
brance, to  any  land  that  he  considers  necessary — 

( 1 )  by  accepting  title  without  cost  to  the  United  States ; 

(2)  by  exchanging  military  reservations  or  parts  thereof  for 
that  land,  upon  the  written  approval  of  the  President ;  or 

(3)  by  purchase  or  condemnation,  if  acquisition  by  gift  or 
exchange  is  impracticable. 

(e)  The  Secretary  may,  by  purchase,  gift,  lease,  or  otherwise, 
acquire  at  desired  locations  bombing  and  machine  gun  ranges  neces- 
sary for  practice  by,  and  the  training  of,  tactical  units. 

(f )  At  each  air  base  or  depot  established  under  this  section,  the 
Secretary  shall  remove  or  remodel  existing  structures  as  necessary; 
do  necessary  grading;  and  provide  buildings,  utilities,  communica- 
tion systems,  landing  fields  and  mats,  roads,  walks,  aprons,  docks, 
runways,  facilities  for  the  storage  and  distribution  of  ammunition, 
fuel,  oil,  necessary  protection  against  bombs,  and  all  appurtenances 
to  the  foregoing. 

[Emphasis  supplied.] 


180 


(g)  The  Secretary  may  direct  the  transportation,  of  personnel,  and 
the  purchase,  renovation,  and  transportation  of  material  that  he  con- 
siders necessary  to  carry  out  this  section.  (Aug.  10,  1956,  ch.  1041, 
70A  Stat.  588.) 


10  U.S.C.  9776.  Emergency  construction  :  fortifications 

//  m  an  emergency  the  President  considers  it  urgent,  a  temporary 
air  base  or  fortification  may  be  built  on  private  land  if  the  owner 
consents  in  writing.  (Aug.  10,  1956,  ch.  1041,  70A  Stat.  591;  Sept.  1, 
1970,  Pub.  L.  91-393,  §  5,  84  Stat.  835.) 


10  U.S.C.  9780.  Acquisition  of  buildings  in  District  of  Columbia 

(a)  In  time  of  war  or  when  war  is  imminent,  the  Secretary  of  the 
Air  Force  may  acquire  by  lease  any  building,  or  part  of  a  building, 
in  the  District  of  Columbia  that  may  be  needed  for  military  pur- 
poses. 

(b)  At  any  time,  the  Secretary  may,  for  the  purposes  of  the 
Department  of  the  Air  Force,  requisition  the  use  and  take  possession 
of  any  building  or  space  in  any  building,  and  its  appurtenances,  in 
the  District  of  Columbia,  other  than — 

( 1 )  a  dwelling  house  occupied  as  such ; 

(2)  a  building  occupied  by  any  other  agency  of  the  United 
States ;  or 

(3)  space  in  such  a  dwelling  house  or  building. 

The  Secretary  shall  determine,  and  pay  out  of  funds  appropriated 
for  the  payment  of  rent  by  the  Department  of  the  Air  Force,  just 
compensation  for  that  use.  If  the  amount  of  the  compensation  is  not 
satisfactory  to  the  person  entitled  to  it,  the  Secretary  shall  pay  75 
percent  of  it  to  that  person,  and  the  claimant  is  entitled  to  recover 
by  action  against  the  United  States  an  additional  amount  that,  when 
added  to  the  amount  paid  by  the  Secretary,  is  determined  by  the 
court  to  be  just  compensation  for  that  use.  (Added  Pub.  L.  85-861, 
§  1(203)  (A),  Sept.  2, 1958,72  Stat.  1542.) 


Title  12 — Banks  and  Banking 


12  U.S.C.  95.  Emergency  limitations  and  restrictions  ox  business 
of  members  of  Federal  reserve  system 

In  order  to  provide  for  the  safer  and  more  effective  operation  of 
the  national  banking  system  and  the  Federal  reserve  system,  to 
preserve  for  the  people  the  full  benefits  of  the  currency  provided'  for 
by  the  Congress  through  the  national  banking  system  and  the  Fed- 
eral reserve  system,  and  to  relieve  interstate  commerce  of  the  bur- 
dens and  obstructions  resulting  from  the  receipt  on  an  unsound  or 
unsafe  basis  of  deposits  subject  to  withdrawal  by  check,  during  such 

[Emphasis  supplied.] 


181 


emergency  period  as  the  President  of  the  United  States  by  procla- 
mation may  prescribe,  no  member  bank  of  the  Federal  reserve 
system  shall  transact  any  banking  business  except  to  such  extent  and 
subject  to  such  regulations,  limitations,  and  restrictions  as  may  be 
prescribed  by  the  Secretary  of  the  Treasury,  with  the  approval  of 
the  President.  Any  individual,  partnership,  corporation,  or  associa- 
tion, or  any  director,  officer,  or  employee  thereof,  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor and,  upon  conviotion  thereof,  shall  be  fined  not  more  than 
$10,000  or,  if  a  natural  person,  may,  in  addition  to  such  fine,  be 
imprisoned  for  a  term  not  exceeding  ten  years.  Each  day  that  any 
such  violation  continues  shall  be  deemed  a  separate  offense.  (Mar.  9, 
1933,  ch.  1,  title  I,  §  4, 48  Stat.  2.) 


12  TJ.S.C.  95a.  Regulation  of  transactions  in  foreign  exchange  of 

GOLD  AND  SILVER;  PROPERTY  TRANSFERS;  VESTED  INTERESTS, 
ENFORCEMENT  AND  PENALTIES 

(1)  During  the  time  of  war  or  during  any  otlier  period  of 
national  emergency  declared  by  the  President,  the  President  may, 
through  any  agency  that  he  may  designate,  or  otherwise,  and  under 
such  rules  and  regulations  as  he  may  prescribe,  by  means  of  instruc- 
tions, licenses,  or  otherwise — 

(A)  investigate,  regulate,  or  prohibit  any  transactions  in  for- 
eign exchange,  transfers  of  credit  or  payments  between,  by, 
through,  or  to  any  banking  institution,  and  the  importing, 
exporting,  hoarding,  melting,  or  earmarking  of  gold  or  silver 
coin  or  bullion,  currency  or  securities,  and 

(B)  investigate,  regulate,  direct  and  compel,  nullify,  void, 
prevent  or  prohibit,  any  acquisition  holding,  withholding,  use, 
transfer  withdrawal,  transportation,  importation  or  exportation 
of,  or  dealing  in,  or  exercising  any  right,  power,  or  privilege 
with  respect  to,  or  transactions  involving,  any  property  in  which 
any  foreign  country  or  a  national  thereof  has  any  interest, 

by  any  person,  or  with  respect  to  any  property,  subject  to  the  juris- 
diction of  the  United  States;  and  any  property  or  interest  of  any 
foreign  country  or  national  thereof  shall  vest,  when,  as,  and  upon 
the  terms,  directed  by  the  President,  in  such  agency  or  person  as 
may  be  designated  from  time  to  time  by  the  President,  and  upon 
such  terms  and  conditions  as  the  President  may  prescribe  such  inter- 
est or  property  shall  be  held,  used,  administered,  liquidated,  sold,  or 
otherwise  dealt  with  in  the  interest  of  and  for  the  benefit  of  the 
United  States,  and  such  designated  agency  or  person  may  perform 
any  and  all  acts  incident  to  the  accomplishment  or  furtherance  of 
these  purposes;  and  the  President  shall,  in  the  manner  hereinabove 
provided,  require  any  person  to  keep  a  full  record  of,  and  to  furnish 
under  oath,  in  the  form  of  reports  or  otherwise,  complete  informa- 
tion relative  to  any  act  or  transaction  referred  to  in  this  section 
either  before,  during,  or  after  the  completion  thereof,  or  relative  to 
any  interest  in  foreign  property,  or  relative  to  any  property  in 
[Emphasis  supplied.] 


182 


which  any  foreign  country  or  any  national  thereof  has  or  has  had 
any  interest,  or  as  may  be  otherwise  necessary  to  enforce  the  provi- 
sions of  this  section,  and  in  any  case  in  which  a  report  could  be 
required,  the  President  may,  in  the  manner  hereinabove  provided, 
require  the  production,  or  if  necessary  to  the  national  security  or 
defense,  the  seizure,  of  any  books  of  account,  records,  contracts,  let- 
ters, memoranda,  or  other  papers,  in  the  custody  or  control  of  such 
person ;  and  the  President  may,  in  the  manner  hereinabove  provided, 
take  other  and  further  measures  not  inconsistent  herewith  for  the 
enforcement  of  this  section. 

(2)  Any  payment,  conveyance,  transfer,  assignment,  or  delivery  of 
property  or  interest  therein,  made  to  or  for  the  account  of  the 
United  States,  or  as  otherwise  directed,  pursuant  to  this  section  or 
any  rule,  regulation,  instruction,  or  direction  issued  hereunder  shall 
to  the  extent  thereof  be  a  full  acquittance  and  discharge  for  all  pur- 
poses of  the  obligation  of  the  person  making  the  same;  and  no 
person  shall  be  held  liable  in  any  court  for  or  in  respect  to  anything 
done  or  omitted  in  good  faith  in  connection  with  the  administration 
of,  or  in  pursuance  of  and  in  reliance  on,  this  section,  or  any  rule, 
regulation,  instruction,  or  direction  issued  hereunder. 

(3)  As  used  in  this  section  the  term  "United  States"  means  the 
United  States  and  any  place  subject  to  the  jurisdiction  thereof :  Pro- 
vided, however,  That  the  foregoing  shall  not  be  construed  as  a  limi- 
tation upon  the  power  of  the  President,  which  is  conferred,  to  pre- 
scribe from  time  to  time,  definitions,  not  inconsistent  with  the 
purposes  of  this  section,  for  any  or  all  of  the  terms  used  in  this  sec- 
tion. Whoever  willfully  violates  any  of  the  provisions  of  this  section 
or  of  any  license,  order,  rule  or  regulation  issued  thereunder,  shall, 
upon  conviction,  be  fined  not  more  than  $10,000,  or,  if  a  natural 
person,  may  be  imprisoned  for  not  more  than  ten  years,  or  both ;  and 
any  officer,  director,  or  agent  of  any  corporation  who  knowingly 
participates  in  such  violation  may  be  punished  by  a  like  fine,  impris- 
onment, or  both.  As  used  in  this  section  the  term  "person"  means  an 
individual,  partnership,  association,  or  corporation.  (Oct.  6, 1917,  ch. 
106,  §  5(b),  40  Stat.  415;  Sept.  24,  1918,  ch.  176,  §  5,  40  Stat.  966; 
Mar.  9,  1933,  ch.  1,  title  I,  §  2,  48  Stat.  1;  May  7,  1940,  ch.  185,  §  1, 
54  Stat.  179;  Dec.  18,  1941,  ch.  593,  title  Ul,  §  301,  55  Stat  839; 
Proc.  No.  2695,  eff.  July  4, 1946, 11  F.  R.  7517,  69  Stat.  1352.) 

—NOTE- 
TRADING  With  the  Enemy  Act  op  1917 

The  Trading  with  the  Enemy  Act  of  1917  has  been 
amended  frequently,  and  in  the  process  its  original  purpose 
and  effect  have  been  altered  significantly.  The  Act  was  orig- 
inally intended  to  "define,  regulate  and  punish  trading  with 
the  enemy."  40  Stat.  415.  Directed  primarily  to  meeting  the 
exigencies  of  World  War  I,  its  drafters  intended  the  Act  to 
remain  on  the  books  for  future  war  situations.  55  Cong. 
Rec.  4908.  Accordingly,  when  other  war  powers  were  termi- 

[ Emphasis  supplied.] 


183 


nated  in  1921  an  exception  was  made  for  the  Act  and  it 
remained  valid  law.  41  Stat.  1359  (the  Knox  Resolution). 

On  March  5, 1933,  President  Roosevelt  relied  on  Sec.  5(b) 
of  the  Trading  with  the  Enemy  Act  as  authority  for  his 
Proclamation  2039  which  closed  all  banks  for  five  days. 
This  was  clearly  a  time  of  financial  crisis,  not  of  war,  and 
hence  was  not  within  the  literal  terms  and  purposes  of  the 
Act.  Congress  rectified  the  situation  five  days  later  when  it 
ratified  the  President's  proclamation  and  amended  Sec.  5(b) 
to  give  the  President  the  broad  wartime  powers  of  that  sec- 
tion in  times  of  declared  national  emergency  as  well.  48 
Stat.  1.  The  desperate  economic  circumstances  of  the  time 
dictated  the  passage  of  this  sweeping  change — after  only 
eight  hours  of  Congressional  consideration. 

Roosevelt  relied  on  Section  5(b)  again  in  1939  when  he 
restricted  all  transfers  of  currency  and  credit  between  the 
United  States  and  German-occupied  Denmark  and  Norway. 
Executive  Order  8389.  This  action  was  subsequently 
approved  and  the  President's  exact  powers  clarified  by  Con- 
gress, resolving  whatever  questions  may  have  remained 
about  Congressional  intentions  to  restrict  the  application  of 
48  Stat.  1  to  either  the  economic  emergency  or  to  actual 
wars.  54  Stat.  179.  This  set  the  legal  stage,  then,  to  invoke 
presidential  powers  under  the  Trading  with  the  Enemy  Act 
in  wartime  or  pursuant  to  any  declaration  of  national 
peacetime  emergency. 

The  next  time  these  powers  were  involved  was  during 
World  War  II  (with  a  slight  Congressional  modification — 
see  55  Stat.  838.)  A  major  expansion  of  Presidential 
authority  was  effected  with  the  imposition  of  consumer 
credit  controls  (Executive  Order  8843)  by  interpreting 
"banking  institutions"  as  used  in  Sec.  5(b)  to  include  any 
person  engaged  in  the  business  of  making  extensions  of 
credit.  Subsequent  Congressional  action  has  reaffirmed  this 
power,  too,  in  times  of  war  or  national  emergency.  12  U.S.C. 
249. 

Another  declaration  of  national  emergency  was  made  in 
Proclamation  2914  of  December  16,  1950  during  the  Korean 
War.  Trading  with  the  Enemy  Act  powers  were  exercised 
pursuant  to  this  proclamation  throughout  the  war.  Because 
the  state  of  emergency  so  declared  has  never  been  termi- 
nated, however,  this  proclamation  has  continued  to  serve  as 
the  basis  for  invocation  of  powers  under  the  Act.  Most 
notably,  President  Johnson  used  Sec.  5(b)  as  authority  for 
Executive  Order  11837  of  January  1,  1968,  imposing  con- 
trols over  transfers  of  private  capital  to  foreign  countries. 
(On  the  validity  of  this  action,  see  Opinion  of  the  Attorney 
General,  February  3,  1968). 

On  August  15,  1971,  President  Nixon,  in  Proclamation 
4074,  declared  an  emergency  concerning  America's  declining 
worldwide  economic  position.  He  imposed  an  import  sur- 

[Emphasis  supplied.] 


184 


charge  and  devalued  the  dollar,  among  other  things.  One 
year  later,  when  the  Export  Control  Act  lapsed  for  a 
month,  he  invoked  Sec.  5(b)  to  regulate  exports,  basing  his 
authority  to  do  so  both  on  his  Proclamation  4074  and  on 
President  Truman's  proclamation  of  1950. 

The  current  law,  which  has  thus  accreted  over  a  period  of 
50  years,  gives  the  President  a  wide  range  of  powers,  but 
only  in  time  of  war  or  declared  national  emergency. 
Although  the  Korean  war  has  ended,  these  powers  are  being 
exercised  solely  on  the  basis  of  the  1950  emergency;  or,  on 
the  basis  of  the  President's  unilaterally  designating  as 
"emergencies"  situations  which  have  only  the  most  tenuous 
relationship  to  the  serious  national  crises  for  which  the 
Trading  with  the  Enemy  Act  was  originally  intended.  The 
President,  with  the  approval  of  Congress,  has  thus  used  as 
authority  for  extraordinary  actions  laws  which  have  no  real 
relationship  whatsoever  to  existing  circumstances.  As  a  eon- 
sequence,  a  "national  emergency"  is  now  a  practical  neces- 
sity in  order  to  carry  out  what  has  become  the  regular  and 
normal  method  of  governmental  action.  What  were  intended 
by  Congress  as  delegations  of  power  to  be  used  only  in  the 
most  extreme  situations  and  for  the  most  limited  durations 
have  become  everyday  powers;  and  a  state  of  "emergency" 
has  become  a  permanent  condition. 

—NOTE- 
DEPARTMENT  of  Justice, 

May  SI,  1973. 

Memorandum  for  the  Special  Committee  on  the  Termination  of 
the  National  Emergency 

re  :  emergency  power  under  §  5  (b)  of  the  trading  with  the 

ENEMY  ACT 

During  the  course  of  hearings  held  by  the  Committee  frequent 
mention  has  been  made  of  the  Trading  with  the  Enemy  Act  ("the 
Act").  Section  5(b)  of  the  Act  has  been  the  statutory  foundation  for 
control  of  domestic  as  well  as  international  financial  transactions 
and  is  not  restricted  to  "trading  with  the  enemy."  Its  use  over  the 
years  provides  an  interesting  study  in  the  evolution  of  a  statute  as  a 
result  of  continuing  interplay  between  the  Executive  and  Congress. 
Of  all  the  emergency  statutes  under  study  by  the  Committee,  it  has 
the  most  complex  and  varied  history.  This  paper  does  not  make  any 
recommendations  or  draw  any  conclusions  but  presents  a  short  legal 
chronology  of  §  5(b)  to  assist  the  Committee  in  understanding  its 
background  and  present  status. 

I. 

Original  Enactment — World  War  I 

The  Act  was  passed  in  1917  to  "define,  regulate,  and  punish  trad- 
ing with  the  enemy."  40  Stat.  415.  Section  5(b)  gave  the  President 


185 


power  to  regulate  transactions  in  foreign  exchange,  the  export  or 
hoarding  of  gold  or  silver  coin  or  bullion  or  currency  and  transfers 
of  credit  in  any  form  "between  the  United  States  and  any  foreign 
country,  whether  enemy,  ally  of  enemy,  or  otherwise."  40  Stat.  415 
(1917)  as  amended  by  40  Stat.  966  (1918).  Section  5(b),  at  that 
time,  exempted  "transactions  to  be  executed  wholly  within  the 
United  States,"  thus  appearing  to  limit  its  use  as  a  basis  for  domes- 
tic controls.  It  did  not  include  a  provision  permitting  use  of  the  Act 
during  periods  of  national  emergency  nor  was  its  use  restricted  by 
its  terms  to  the  duration  of  the  First  World  War  or  any  specified 
term  after  the  end  of  the  War.  A  law  passed  in  1921  terminating 
certain  war  powers  specifically  exempted  the  Act  from  termination 
because  of  the  large  amount  of  property  held  under  the  Act  by  the 
Alien  Property  Custodian  at  that  time.  See  Ellingwood,  The  Legal- 
ity of  the  National  Bank  Moratorium,  27  Nw.  U.L.  Rev.  923, 
925-26  (1933). 

II. 

Depression  Banking  Emergency 

Upon  taking  office  in  March  1933  President  Roosevelt  was  pressed 
to  deal  promptly  with  a  nationwide  panic  that  threatened  to  drain 
the  liquid  resources  of  most  of  the  banks  in  the  country.  The  Public 
Papers  and  Addresses  of  Franklin  D.  Roosevelt,  pp.  24-29  (1933) 
|  hereinafter  "R'W'velt  Papers"].  He  therefor?  invoked  the  "forgot- 
ten provisions"  of  §  5(b)  on  March  6,  1933  to  declare  a  bank  holiday 
and  control  the  export  of  gold.  Schlesinger,  The  Coming  of  the  New 
Deal  4  ( 1959 ) .  The  bank  holiday  proclamation  noted  that  there  had 
been  "heavy  and  unwarranted  withdrawals  of  gold  and  currency 
from  our  banking  institutions  for  the  purpose  of  hoarding,"  and 
that  increasing  speculation  abroad  in  foreign  exchange  had  resulted 
in  severe  drain  on  domestic  gold  supplies,  thus  creating  a  "national 
emergency."  Therefore  it  was  "in  the  best  interests  of  all  bank 
depositors  that  a  period  of  respite  be  provided  with  a  view  to  pre- 
venting further  hoarding  of  coin,  bullion  or  currency  or  speculation 
in  foreign  exchange."  In  order  to  prevent  export  or  hoarding  of  bul- 
lion or  currency  a  bank  holiday  was  therefore  proclaimed  from 
March  6  through  March  9,  1933.  Executive  Proclamation  No.  2039. 
March  6, 1933, 48  Stat.  (Part  2)  1698. 

By  invoking  §  5(b)  as  authority,  President  Roosevelt  was,  of 
course,  using  that  provision  for  a  different  purpose  than  the  one  for 
which  it  was  enacted  in  1917.  However,  as  one  writer  noted,  closing 
the  banks  was  "one  of  the  surest  and  quickest  ways"  to  prevent 
transactions  in  foreign  exchange  and  the  exportation  of  gold  and 
silver  coin,  bullion  and  currency.  Section  5(b)  had,  as  noted,  given 
the  President  power  to  regulate  such  matters.  Ellingwood,  The 
Legality  of  the  National  Bank  Moratorium,  27  Nw.  U.L.  Rev.  923, 
925  (1933). 

Congress  was  called  into  session  within  days  of  the  Proclamation. 
Roosevelt  Papers  17.  As  soon  as  Congress  was  convened  on  March  9, 
1933,  it  approved  the  bank  holiday  by  passing  the  so-called  Emer- 

[ Emphasis  supplied.] 


186 


gency  Banking  Act  or  Bank  Conservation  Act.  48  Stat.  1,  That  Act 
provided  that  the  actions  and  proclamations  "heretofore  or  hereafter 
taken  ...  or  issued  by  the  President  of  the  United  States  .  .  .  since 
March  4,  1933,  pursuant  to  the  authority  conferred  by  subdivision 
(b)  of  section  5  of  the  Act  of  October  6,  1917,  as  amended,  are 
hereby  approved  and  confirmed."  (48  Stat.  1;  12  U.S.C.  95b  (1970)). 
Congress  thus  "spread  its  protective  approval  over  executive  acts  the 
legality  of  which  was  uncertain."  Ellingwood,  op.  cit.  supra  at  27 
Iw.  U.L.  Rev.  929  (1933).  Congress  also  amended  Section  5(b)  to 
provide,  among  other  things,  that  "[d]uring  time  of  war  or  during 
any  other  period  of  national  emergency  declared  by  the  President, 
the  President  may  .  .  .  regulate,  under  such  rules  and  regulations  as 
he  may  prescribe  .  .  .  transfers  of  credit  between  or  payments  by 
bankings  institutions  as  denned  by  the  President.  ..."  48  Stat.  1.  In 
the  enactment  clause  Congress  declared  "that  a  serious  emergency 
exists."  48  Stat.  1.  The  exclusion  of  domestic  transactions,  formerly 
found  in  the  Act,  was  deleted  from  §  5(b)  at  this  time. 

The  legislative  history  of  the  Emergency  Banking  Act  is  short: 
only  eight  hours  elapsed  from  the  time  the  bill  was  introduced  until 
it  was  signed  into  law.  There  were  no  committee  reports.  Indeed,  the 
bill  was  not  even  in  print  at  the  time  it  was  passed.  77  Cong.  Bee 
76,  80  (1933) ;  Schlesinger,  The  Coming  of  the  New  Deal  8. 

The  abbreviated  history  shows  Congress  recognized  that  the 
powers  conferred  on  the  President  by  the  Act  were  great.  In  the 
debate  preceding  the  bill's  passage  those  supporting  it  made  such 
remarks  as: 

...  in  time  of  storm  there  can  only  be  one  pilot.  In  my 
judgment,  the  House  of  Representatives  realize  that  the 
pilot  in  this  case  must  be  the  President  of  the  United 
States,  and  they  will  steer  their  course  by  him  (Rep.  Golds- 
borough,  77  Cong.  Rec  81). 

It  is  a  dictatorship  over  finance  in  the  United  States.  It  is 
complete  control  over  the  banking  system  in  the  United 
States.  (Rep.  McFadden,  77  Cong.  Rec  80). 

I  realize  that  in  time  of  peace  we  have  perhaps  never 
been  called  upon  to  vest  such  transcendent  powers  in  the 
Executive  as  are  provided  for  in  this  bill.  ...  It  is  an  emer- 
gency which  can  be  adequately  dealt  with  only  by  the 
strong  arm  of  Executive  power,  and  therefore  I  expect  to 
vote  for  the  bill,  though  it  contains  grants  of  powers  which 
I  never  before  thought  I  would  approve  in  time  of  peace. 
(Sen.  Connally,  77  Cong.  Rec  65). 

The  courts  later  upheld  the  validity  of  the  bank  holiday  under  the 
.Act,  as  amended.  E.g.,  Smith  v.  Witherow,  102  F.  2d  638, 641  (3d  Cir., 
193!)) :  Hardee  v.  Washing tmt  Loan  &  Trust  Co.,  91  F.  2d  314  (DC. 
Cir.  1037).  Recause  of  the  prompt  action  taken  by  Congress  in  ratify- 
ing the  March  6  proclamation,  no  judicial  decisions  were  rendered  on 
the  question  of  whether  the  President's  action,  if  taken  alone,  would 
.have  been  lawful. 


{Emphasis  supplied.] 


187 


Subsequently  in  1933-34,  acting  under  §  5(b),  President  Roosevelt 
issued  a  series  of  orders  which  prohibited  the  hoarding  of  gold  and 
directed  that  all  gold  bullion  certificates  be  deposited  with  the  Fed- 
eral Reserve  Banks  and  which  regulated  transactions  in  foreign 
exchange : 

(1)  Executive  Order  6073  of  March  10,  1933,  prohibited 
the  export  or  removal  of  gold  from  the  United  States, 
except  as  authorized  by  the  Secretary  of  the  Treasury,  and 
banks  were  prohibited  from  making  transfers  of  foreign 
exchange  except  in  connection  with  certain  described  transac- 
tions. This  order  did  not  specifically  refer  to  a  national  emer- 
gency. 

(2)  Executive  Order  6102  of  April  5,  1933,  generally  required 
holders  of  gold  coin,  gold  bullion,  and  gold  certificates  to  sur- 
render their  holdings  to  Federal  Reserve  Banks.  This  Order 
stated  "By  virtue  of  the  authority  vested  in  me  by  Section  5(b) 
...  as  amended  by  Section  2  of  the  Act  of  March  9,  1933,  ...  in 
which  amendatory  Act  Congress  declared  that  a  serious  emer- 
gency exists,  I  ...  do  declare  that  said  national  emergency  still 
continues  to  exist." 

(3)  Executive  Order  6111  of  April  20,  1933,  authorized  the 
Secretary  of  the  Treasury  to  regulate  transactions  in  foreign 
exchange  and  the  export  or  withdrawal  of  currency  from  the 
United  States.  The  emergency  basis  for  E.O.  6111  was  stated  in 
the  same  language  as  the  language  of  E.O.  6102,  quoted  immedi- 
ately above. 

(4)  Executive  Order  6260  of  August  28,  1933,  was  issued  to 
supplant  Executive  Orders  6102  and  6111.  This  order  prohibited 
the  holding  or  export  of  gold,  except  under  license  issued  by  the 
Secretary  of  the  Treasury,  and  authorized  the  Secretary  to  reg- 
ulate or  prohibit  transactions  in  foreign  exchange.  In  E.O.  6260 
the  President  stated  "I  .  .  .  do  declare  that  a  period  of  national 
emergency  exists."  Executive  Order  6260  was  confirmed  and 
amended  by  Presidents  Eisenhower  and  Kennedy.  31  CFR  Part 
54.  See  42  Op.  A.G.  No.  35,  p.  9. 

(5)  Executive  Order  6560  of  January  15, 1934,  authorized  the 
Secretary  of  the  Treasury  to  regulate  transactions  in  foreign 
exchange,  transfers  of  credit  from  American  to  foreign  banks 
and  export  of  currency  or  silver  coin.  This  order  is  still  on  the 
books  today.  See  31  CFR  Parts  127-128.  In  this  Order,  the 
President  declared  that  "a  period  of  national  emergency  contin- 
ues to  exist." 

In  January  1934  Congress  ratified  all  acts  which  had  been  per- 
formed under  the  Emergency  Banking  Act.  48  Stat.  343  (1934) ;  12 
U.S.C.  213  (1970). 

III. 

World  War  II  Alien  Property  Freeze 

Following  the  invasion  of  Norway  and  Denmark  by  Germany  in 
April  1940  President  Roosevelt  acted  to  protect  funds  of  residents  of 
these  countries  in  the  United  States  from  withdrawal  under  duress 


188 


bv  issuing  an  order  freezing  those  assets  except  as  authorized  by  the 
Secretary  of  the  Treasury.  Executive  Order  No.  8389  (April  10, 
1940).  The  order  referred  to  authority  under  §  5(b)  but  did  not  spe- 
cifically mention  the  existence  of  a  national  emergency.  The  Presi- 
dent had  proclaimed  a  national  emergency  only  months  before  in 
September  1939;  Proclamation  No.  2352  noted  the  neutrality  of  the 
United  States  in  the  war  and  stated : 

WHEREAS  measures  required  at  this  time  call  for  the 
exercise  of  only  a  limited  number  of  the  powers  granted  m  a 
national  emergency : 

NOW,  THEREFORE,  I  ...  do  proclam  that  a  national 
emergency  exists  in  connection  with  and  to  the  extent  neces- 
sary for  the  proper  observance,  safeguarding,  and  enforc- 
ing of  the  neutrality  of  the  United  States  and  the  strength- 
ening of  our  national  defense  within  the  limits  of  peacetime 
authorizations. 

Subsequently  on  May  7,  1940,  Congress  passed  a  resolution  "to 
remove  any  doubt"  that  §  5(b)  authorized  certain  aspects  of  the 
freeze  order.  The  Report  of  the  Senate  Banking  Committee  noted 
that  when  Congress  passed  the  Emergency  Banking  Act,  "it 
intended  to  grant  to  the  President  all  of  the  powers  conferred  upon 
him  by  section  5(b)  of  the  Act  of  October  6,  1917,  and  to  authorize 
him  to  exercise  all  of  such  powers  not  only  in  time  of  war,  but 
during  any  other  period  of  national  emergency."  S.  Rep.  No.  1496, 
76th  Cong.,  yd  Sess.  1  (1949).  By  joint  resolution,  Congress  thus 
approved  and  confirmed  the  order  and  amended  §  5(b)  to  clarify  the 
President's  freeze  power  over  alien  property.  54  Stat.  179  ( 1940 ) .  See 
United  States  v.  Von  Clemm,  136  F.  2d  968,  970  (2d  Cir.  1934).  cert, 
denied,  320  U.S.  769  (1943)  (upholding  the  retroactive  validity  of 
the  1940  joint  resolution  of  Congress). 

The  original  freeze  order  was  an  amendment  to  Executive  Order 
No.  6560  of  January  1934  regulating  foreign  exchange  and  the 
export  of  coin  and  currency  and  the  controls  were  somewhat  similar 
to  those  exercised  during  the  First  World  War  and  during  the  bank- 
ing crises  of  1933.  This  order,  covering  Norway  and  Denmark,  way 
followed  by  similar  executive  orders  after  other  nations  were 
invaded  or  subjected  to  Axis  domination.  Eventually  Germany, 
Japan  and  Italy  were  themselves  covered  in  June  and  July  1941. 
The  purpose  of  the  orders  was  to  keep  the  Axis  from  using  billions 
of  dollars  of  assets  in  the  United  States.  Roosevelt  Papers  (1940 
vol.),  p.  133-34.  Regulations  issued  by  the  Secretary  of  the  Treas- 
ury, pursuant  to  a  general  delegation  of  Presidential  authority 
under  §  5(b)  made  in  1942,  continue  to  this  date  to  serve  as  the  basis 
for  blocking  trade  and  financial  transactions  with  North  Korea, 
Cuba  and  North  Vietnam.  See  31  C.F.R.  part  500  et  seq.;  Executive 
Order  919:3,  sec.  3,  July  6,  1942,  7  Fed.  Reg.  5205,  and  Executive 
Order  9989,  Aug.  20, 1948, 1",  Fed.  Reg.  4891. 

(Emphasis  supplied.] 


189 


IV. 

Consumer  Credit  Controls 

Four  months  before  the  United  States  entered  World  War  II, 
President  Roosevelt  issued  Executive  Order  No.  8843,  which 
directed  the  Federal  Reserve  Board  to  impose  consumer  installment 
credit  controls  as  a  measure  to  fight  inflation.  6  Fed.  Reg.  4035 
(1941).  The  order  was  issued  on  August  9,  1941  under  §  5(b)  "in 
order,  in  the  national  emergency  declared  by  me  on  May  27,  1941  to 
promote  the  national  defense  and  protect  the  national  economy.  .  ." 
6  Fed.  Reg.  4035  (1941).  On  May  27,  1941,  the  President  had 
issued  Proclamation  No.  2487  which  proclaimed  that  "an  unlimited 
national  emergency  confronts  this  country,  which  requires  that  its 
military,  naval,  air  and  civilian  defense  be  put  on  the  basis  of  readi- 
ness to  repel  any  and  all  acts  or  threats  of  aggression  directed  toward 
any  part  of  the  Western  Hemisphere." 

In  Executive  Order  8843  the  term  "banking  institution"  as  used  in 
§  5(b),  was  defined  to  include  any  person  engaged  in  the  business  of 
making  extensions  of  credit  whether  as  a  vendor  of  consumer  dura- 
ble goods  or  otherwise.  The  Federal  Reserve  Board  was  authorized, 
in  order  to  prevent  evasion  of  the  order,  to  regulate  any  other  exten- 
sion of  installment  credit,  any  credit  for  the  purpose  of  purchasing 
or  carrying  any  consumers'  durable  good  or  any  other  extension  of 
credit  in  the  form  of  a  loan  (other  than  loans  to  businesses  or  agri- 
cultural enterprises).  6  Fed.  Reg.  4036. 

There  was  some  suggestion  at  the  time  that  the  definition  of  bank- 
ing insitution  to  include  vendors  of  "consumer  durable  goods"  was 
beyond  the  power  conferred  by  §  5(b).  One  writer  noted  that  the 
President  had  "disclosed  hitherto  unsuspected  potentialities"  in  § 
5(b)  by  using  this  definition  of  banking  institution  and  that  a 
clearer  statutory  basis  would  be  desirable  for  such  controls.  Note, 
Federal  Regulation  of  Consumer  Credit  by  Executive  Order.  41 
Colum.  L.  Rev.  1287,  1289  (1941).  See  also  Price  Control  BUI,  Hear- 
ings on  H.R.  5!fl9  before  the  House  Banking  and  Currency  Commit- 
tee, 77th  Cong.,  1st  Sess.,  pp.  116-117  (1941).  Nevertheless,  the  con- 
trols were  accepted  once  the  order  was  issued  and  never  challenged 
in  court.  In  December  1941  Congress  passed  the  First  War  Powers 
Act  (55  Stat.  839)  which  included  a  provision  approving  and  ratify- 
ing actions  which  had  been  taken  under  §  5(b),  thus  apparently 
approving  Executive  Order  No.  8843. 

After  World  War  II,  Congress  on  four  occasions  took  legislative 
action  concerning  imposition  by  the  Federal  Reserve  Board  of  con- 
sumer credit  controls  pursuant  to  §  5(b).  The  four  actions  by  Con- 
gress are  as  follows : 

(1)  Congress  passed  a  joint  resolution  in  1947  which  provided 
that  after  November  1,  1947,  the  Federal  Reserve  Board  was  not 
to  exercise  consumer  credit  controls  pursuant  to  Executive  Order 
No.  8843.  61  Stat.  921,  12  U.S.C.  249.  The  joint  resolution  also 
provided  that  no  "such  consumer  credit  controls"  could  be  exer- 

[Emphasis  supplied.] 


190 


cised  except  during  wartime  or  any  national  emergency  thereaf- 
ter declared  by  the  President. 

The  legislation  took  this  form  because  President  Truman  had 
decided  to  place  the  issue  of  the  continuation  of  controls  "in  the 
laps  of  Congress"  rather  than  rescind  the  controls  himself  by 
revoking  the  Executive  order.  93  Cong.  Rec.  9757.  The  legisla- 
tive history  of  the  1947  resolution  shows  that  Congress  intended 
that  the  President  have  the  power,  if  needed,  to  make  such  con- 
trols effective  again  the  day  after  the  resolution  by  declaring  a 
new  national  emergency.  See  93  Cong.  Rec.  9753, 9758-59. 

(2)  On  August  16,  1948,  Congress  changed  its  policy  and 
authorized  the  Federal  Reserve  Board,  "notwithstanding"  the 

1947  joint  resolution,  to  exercise  "consumer-credit  controls  in 
accordance  with  and  to  carry  out  the  purposes  of"  Executive 
Order  No.  8843.  62  Stat.  1291. 

The  legislative  history  of  the  1948  act  again  affirms  congres- 
sional intent  that  the  President  retain  his  authority  under  Exec- 
utive Order  No.  8843  to  exercise  consumer  credit  controls  there- 
after during  time  of  war  or  national  emergency.  It  also  made 
clear  that  he  could  have  reimposed  them  on  his  own  without  the 

1948  resolution.  The  House  report  noted : 

When  the  Congress  terminated  the  controls  over  con- 
sumer credit  pursuant  to  the  provisions  of  [12  U.S.C. 
249],  it  specifically  provided  that  such  termination  did 
not  affect  the  authority  to  reimpose  such  controls 
during  the  time  of  war  or  any  national  emergency 
declared  by  the  President.  The  President  has  evidently 
not  seen  fit  to  use  this  authority  to  reinstate  the  regula- 
tion of  consumer  credit  and  henceforth  the  committee 
proposes  in  this  joint  resolution  for  congressional 
enactment  of  such  powers  for  a  temporary  period  with 
respect  to  consumer  installment  credit  and  at  the  same 
time  reserve  the  authority  to  exercise  consumer-credit 
controls  thereafter  during  the  time  of  war  or  declara- 
tion of  any  national  emergency  by  the  President.  H.R 
Rep.  No.  2455,  80th  Cong.  2d  Sess.  5-6  (1948). 
The  1948  authority  expired  June  30, 1949. 

(3)  In  §  601  of  the  Defense  Production  Act  of  1950,  using 
language  patterned  closely  on  that  of  the  1948  enactment,  Con- 
gress again  gave  the  Federal  Reserve  Board  authority  to  exer- 
cise consumer  credit  controls  under  Executive  Order  No  8843 
'  notwithstanding"  the  1947  joint  resolution.  64  Stat.  812. 

•  [i\  Jn  ,Tune  1952>  while  extending  other  parts  of  the  act, 
including  §  602,  Congress  repealed  §  601.  66  Stat.  305.  Repeal- 
ing §  601  appeared  to  restore  the  provisions  of  the  1947  joint 
resolution  (12  USC  249)  authorizing  the  imposition  of  consumer 
credit  controls  again  during  a  war  or  a  period  of  national  emer- 
gency. 


191 


V. 

Foreign  Direct  Investment  Program 

Section  5(b)  was  also  used  as  authority  for  the  Foreign  Direct 
Investment  Program  in  1968.  Under  E.O.  11387  of  January  1,  1968, 
controls  were  imposed  by  President  Johnson  over  transfers  of  capital 
to  foreign  countries  by  substantial  investors  in  the  United  States.  A 
formal  opinion  was  issued  by  Attorney  General  Kamsey  Clark 
upholding  the  program.  The  opinion  reviews  the  history  of  §  5(b). 
It  also  discusses  the  continuation  of  the  national  emergency  declared 
by  President  Truman  in  Proclamation  2914  of  December  16,  1950, 
which  referred  to  the  hostilities  in  Korea  and  the  world  menace  of 
the  forces  of  communist  aggression.  42  Op.  A.G.  No.  35.  The  order 
relies  on  the  continuation  of  this  emergency. 

In  March  2,  1973,  a  federal  district  court  judge  ruled  orally  that 
§  5(b)  did  not  authorize  an  indictment  charging  a  violation  of  the 
foreign  direct  investment  program.  The  existence  of  a  national 
emergency  was  not  raised,  however.  An  appeal  is  now  being  pre- 
pared. United  States  v.  By  an,  Crim.  No.  2038-78  (D.D.C.  1973). 
E.O.  11387  continues  in  effect  today. 

VI. 

Export  Controls 

Most  recently,  §  5(b)  was  used  for  a  month  in  1972  when  it  was 
invoked  by  President  Nixon  as  authority  for  the  regulations  of 
exports.  E.O.  11677  of  August  1,  1972.  Section  5(b)  was  used  in  this 
situation  because  the  existing  law  authorizing  export  controls,  the 
Export  Administration  Act  of  1969,  83  Stat.  841,  as  amended  by  86 
Stat.  133,  had  expired.  When  export  control  legislation  was  re-enacted, 
E.O.  11677  was  revoked  by  E.O.  11683  of  August  29, 1972. 

The  executive  order  imposing  controls  recited  the  continued  exist- 
ence of  the  national  emergencies  declared  by  Proclamation  No.  2914 
of  December  16,  1950,  referred  to  above,  and  by  Proclamation  No. 
4074  of  August  15,  1971,  which  imposed  a  supplemental  duty  on 
imports  for  balance  of  payments  purposes.* 

Jack  Goldklang. 

*The  above  study  represents  the  views  of  the  author  and 
does  not  necessarily  represent  the  official  position  of  the 
Department  of  Justice. 


12  U.S.C.  249.  Regulation  of  consumer  credit 

After  November  1,  1947,  the  Board  of  Governors  of  the  Federal 
Reserve  System  shall  not  exercise  consumer  credit  controls  pursuant 
to  Executive  Order  Numbered  8843,  and  no  such  consumer  credit 
controls  shall  be  exercised  after  such  date  except  during  the  time  of 


192 


war  beginning  after  August  8,  1947,  or  any  national  emergency 
declared  by  the  President  after  August  8,  1947.  (Aug.  8,  1947,  oh. 
517,  61  Stat.  921.) 


12  U.S.C.  635.  PoWEHS  AND  FUNCTIONS  OF  BANK 

(a)  General  banking  business;  use  of  mails;  use  of  assets  and  allo- 
cated or  borrowed  money ;  payment  of  dividends. 

There  is  created  a  corporation  with  the  name  Export-Import 
Bank  of  the  United  States,  which  shall  be  an  agency  of  the  United 
States  of  America.  The  objects  and  purposes  of  the_  bank  shall  be  to 
aid  in  financing  and  to  facilitate  exports  and  imports  and  the 
exchange  of  commodities  between  the  United  States  or  any  of  its 
Territories  or  insular  possessions  and  any  foreign  country  or  the 
agencies  or  nationals  thereof.  In  connection  with  and  in  furtherance 
of  its  objects  and  purposes,  the  bank  is  authorized  and  empowered 
to  do  a  general  banking  business  except  that  of  circulation;  to 
receive  deposits;  to  purchase,  discount,  rediscount,  sell,  and  negoti- 
ate, with  or  without  its  endorsement  of  guaranty,  and  to  guarantee 
notes,  drafts,  checks,  bills  of  exchange,  acceptances,  including  bank- 
ers' acceptances,  cable  transfers,  and  other  evidences  of  indebted- 
ness; to  purchase,  sell,  and  guarantee  securities  but  not  to  purchase 
with  its  funds  any  stock  in  any  other  corporation  except  that  it  may 
acquire  any  such  stock  through  the  enforcement  of  any  lien  or 
pledge  or  otherwise  to  satisfy  a  previously  contracted  indebtedness 
to  it;  to  accept  bills  and  drafts  drawn  upon  it;  to  issue  letters  of 
credit;  to  purchase  and  sell  coin,  bullion  and  exchange;  to  borrow 
and  to  lend  money ;  to  perform  any  act  herein  authorized  in  partici- 
pation with  any  other  person,  including  any  individual,  partnership, 
corporation,  or  association;  to  adopt,  alter,  and  use  a  corporate  seal, 
which  shall  be  judicially  noticed;  to  sue  and  to  be  sued,  to  complain 
and  to  defend  in  any  court  of  competent  jurisdiction;  and  the  enu- 
meration of  the  foregoing  powers  shall  not  be  deemed  to  exclude 
other  powers  necessary  to  the  achievement  of  the  objects  and  pur- 
poses of  the  bank.  The  bank  shall  be  entitled  to  the  use  of  the 
United  States  mails  in  the  same  manner  and  upon  the  same  condi- 
tions as  the  executive  departments  of  the  Government.  The  bank  is 
authorized  to  use  all  of  its  assets  and  all  moneys  which  have  been  or 
may  hereafter  be  allocated  to  or  borrowed  by  it  in  the  exercise  of  its 
functions.  Net  earnings  of  the  bank  after  reasonable  provision  for 
possible  losses  shall  be  used  for  payment  of  dividends  on  capital 
stock.  Any  such  dividends  shall  be  deposited  into  the  Treasury  as 
miscellaneous  receipts. 

(b)  Functions  as  supplemental  to  private  capital;  restrictions  on 
loans. 

(1)  It  is  the  policy  of  the  Congress  that  the  Bank  in  the  exercise 
of  its  functions  should  supplement  and  encourage  and  not  compete 
with  private  capital ;  that  loans,  so  far  as  possible  consistently  with 
carrying  out  the  purposes  of  subsection  (a)  of  this  section,  shall 

[Emphasis  supplied.] 


193 


generally  be  for  specific  purposes,  and,  in  the  judgment  of  the 
Board  of  Directors,  offer  reasonable  assurance  of  repayment;  and 
that  in  authorizing  such  loans  the  Board  of  Directors  should  take 
into  account  the  possible  adverse  effects  upon  the  United  States 
economy. 

(2)  The  Bank  in  the  exercise  of  its  functions  shall  not  guarantee, 
insure,  or  extend  credit,  or  participate  in  any  extension  of  credit — 

(A)  in  connection  with  the  purchase  or  lease  of  any  product 
by  a  Communist  country  (as  defined  in  section  2370(f)  of  Title 
22) ,  or  agency  or  national  thereof,  or 

(B)  in  connection  with  the  purchase  or  lease  of  any  product 
by  any  other  foreign  country,  or  agency,  or  national  thereof,  if 
the  product  to  be  purchased  or  leased  by  such  other  country, 
agency,  or  national  is,  to  the  knowledge  of  the  Bank,  princi- 
pally for  use  in,  or  sale  or  lease  to,  a  Communist  country  (as  so 
defined), 

except  that  the  prohibitions  contained  in  this  paragraph  shall  not 
apply  in  the  case  of  any  transaction  which  the  President  determines 
would  be  in  the  national  interest  if  he  reports  that  determination  to 
the  Senate  and  House  of  Representatives  within  thirty  days  after 
making  the  same. 

(3)  The  Bank  shall  not  guarantee,  insure,  or  extend  credit,  or 
participate  in  the  extension  of  credit  in  connection  with  the  pur- 
chase of  any  product,  technical  data,  or  other  information  by  a 
national  or  agency  of  any  nation — 

(A)  which  engages  in,  armed  conflict,  declared  or  otherwise, 
with  armed  forces  of  the  United  States;  or 

(B)  which  furnishes  by  direct  governmental  action  (not 
including  chartering,  licensing  or  sales  by  non-wholly-owned 
business  enterprises)  goods,  supplies,  military  assistance,  or 
advisers  to  a  nation  described  in  subparagraph  (A) ; 

nor  shall  the  Bank  guarantee,  insure,  or  extend  credit,  or  participate 
in  the  extension  of  credit  in  connection  with  the  purchase  by  any 
nation  (or  national  or  agency  thereof)  of  any  product,  technical 
data,  or  other  information  which  is  to  be  used  principally  by  or  in  a 
nation  described  in  subparagraph  (A)  or  (B). 

(4)  The  Bank  shall  not  guarantee,  insure,  or  extend  credit,  or 
participate  in  an  extension  of  credit  in  connection  with  any  credit 
sale  of  defense  articles  and  defense  services  to  any  country  desig- 
nated under  section  4916  of  Title  26  as  an  economically  less  devel- 
oped country  for  purposes  of  the  tax  imposed  by  section  4911  of 
Title  26.  The  prohibitions  set  forth  in  this  paragraph  shall  not 
apply  with  respect  to  any  transaction  the  consummation  of  which 
the  President  determines  would  be  in  the  national  interest  and 
reports  such  determination  (within  thirty  days  after  making  the 
same)  to  the  Senate  and  House  of  Representatives.  In  making  any 
such  determination  the  President  shall  take  into  account,  among 
other  considerations,  the  national  interest  in  avoiding  arms  races 
among  countries  not  directly  menaced  by  the  Soviet  Union  or  by 
Communist  China;  in  avoiding  arming  military  dictators  who  are 

[Emphasis  supplied.] 


194 


denying  social  progress  to  their  own  peoples;  and  in  avoiding 
expenditures  by  developing  countries  of  scarce  foreign  exchange 
needed  for  peaceful  economic  progress. 

(5)  In  no  event  shall  the  Bank  have  outstanding  at  any  time  in 
excess  of  7i£  per  centum  of  the  limitation  imposed  by  section  635e 
of  this  title  for  such  guarantees,  insurance,  credits  or  participation 
in  credits  with  respect  to  exports  of  defense  articles  and  services  to 
countries  which,  in  the  judgment  of  the  Board  of  Directors  of  the 
Bank,  are  less  developed. 

(c)  Insurance  functions;  aggregate  amount;  reserve  requirements; 
limitations;  fees  and  premiums;  issuance  and  service  of  contracts. 

(1)  The  Export-Import  Bank  of  the  United  States,  in  furtherance 
of  its  objects  and  purposes  under  this  chapter,  is  authorized  and 
empowered  to  guarantee,  insure,  coinsure,  and  reinsure  United 
States  exporters  and  foreign  exporters  doing  business  in  the  United 
States  in  an  aggregate  amount  not  in  excess  of  $3,500,000,000  out- 
standing at  any  one  time  against  political  and  credit  risks  of  loss 
arising  in  connection  with  United  States  exports;  and  to  establish 
and  maintain  fractional  reserves  in  connection  therewith.  The 
reserves  maintained  by  the  Bank  for  the  guarantees,  insurance,  coin- 
surance or  reinsurance  issued  pursuant  to  this  section  shall  be  not 
less  than  25  per  centum  of  the  related  contractual  liability  of  the 
Bank.  Insofar  as  contracts  of  guarantee,  insurance,  coinsurance,  and 
reinsurance  are  concerned,  only  that  part  of  the  Bank's  liabilities 
represented  by  reserves  provided  for  above  shall  be  taken  into 
account  for  the  purposes  of  applying  the  limitations  imposed  by  sec- 
tion 635e  of  this  title.  Fees  and  premiums  shall  be  charged  in 
connection  with  such  contracts  commensurate,  in  the  judgment  of 
the  Bank,  with  the  risks  covered. 

(2)  The  Bank  may  issue  such  guarantees,  insurance,  coinsurance, 
and  reinsurance  to  or  with  exporters,  insurance  companies,  financial 
institutions,  or  others,  or  groups  thereof,  and  where  appropriate 
may  employ  any  of  the  same  to  act  as  its  agent  in  the  issuance  and 
servicing  of  such  guarantees,  insurance,  coinsurance,  and  reinsur- 
ance, and  the  adjustment  of  claims  arising  thereunder.  (July  31, 
1945,  ch.  341,  §  2,  59  Stat.  526;  Dec  28,  1945,  ch.  602,  59  Stat  666; 
June  9,  1947,  ch.  101,  §  1,  61  Stat.  130;  May  21, 1953,  ch.  64,  §  1,  67 
Stat.  28;  Sept.  26,  1961,  Pub.  L.  87-311,  75  Stat  673;  Aug.  20, 1963, 
Pub.  L .  88-101,  §  1(a),  77  Stet  128;  Mar.  13,  1968,  PubTL  90-267, 
§  l(a)-(c),  82  Stat  47-49.) 

—NOTE- 
EXCERPT  from  Senate  Kept.  473,  80th  Cono.,  1st  Sess.  (1947) 

The  resolution  as  reported  authorizes  the  Federal  Reserve 
Board  to  continue  to  exercise  consumer  credit  controls  pur- 
suant to  Executive  Order  884S,  until  December  31,  lQJtf. 
The  Board  would  be  authorized  to  discontinue  the  regula- 
tion at  an  earlier  date,  in  whole  or  in  part,  if  conditions 
warrant  such  action.  In  lieu  of  the  present  regulations  as  to 
[Emphasis  supplied.] 


195 


maximum  maturity  and  down  payment,  the  joint  resolution 
provides  that  no  such  regulation  shall  fix  a  maximum  matu- 
rity of  less  than  24  months,  or  require  a  down  payment  in 
excess  of  20  percent  of  the  purchase  price.  The  resolution 
further  provides  that  no  consumer  credit  controls  shall  be 
exercised  after  December  31,  1947,  except  in  the  event  of 
war  or  national  emergency  commencing  after  such  date. 


12  U.S.C.  1425a.  Liquidity  requirements 

(a)  Congressional  declaration  of  purpose. 

The  purpose  of  this  section  is  to  provide  a  means  for  creating 
meaningful  and  flexible  liquidity  in  savings  and  loan  associations 
and  other  members  which  can  be  increased  when  mortgage  money  is 
plentiful,  maintained  in  easily  liquidated  instruments,  and  reduced 
to  add  to  the  flow  of  funds  to  the  mortgage  market  in  periods  of 
credit  stringency.  More  flexible  liquidity  will  help  support  two  main 
purposes  of  this  Chapter — sound  mortgage  credit  and  a  more  stable 
supply  of  such  credit. 

(b)  Required  types  of  assets. 

Any  institution  which  is  a  member  or  which  is  an  insured  institu- 
tion as  defined  in  section  1724(a)  of  this  title  shall  maintain  the 
aggregate  amount  of  its  assets  of  the  following  types  at  not  less 
than  such  amount  as,  in  the  opinion  of  the  Board,  is  appropriate: 
(1)  cash,  (2)  to  such  extent  a9  the  Board  may  approve  for  the  pur- 
poses of  this  section,  time  and  savings  deposits  in  Federal  Home 
Loan  Banks  and  commercial  banks,  and  (3)  to  such  extent  as  the 
Board  may  so  approve,  such  obligations,  including  such  special  obli- 
gations, of  the  United  States,  a  State,  any  territory  or  possession  of 
the  United  States,  or  a  political  subdivision,  agency,  or  instrumen- 
tality of  any  one  or  more  of  the  foregoing,  and  bankers'  acceptances, 
as  the  Board  may  approve.  The  requirement  prescribed  by  the 
Board  pursuant  to  this  subsection  (hereinafter  in  this  section 
referred  to  as  the  "liquidity  requirement")  may  not  be  less  than  4 
per  centum  or  more  than  10  per  centum  of  the  obligation  of  the 
institution  on  withdrawable  accounts  and  borrowings  payable  on 
demand  or  with  unexpired  maturities  of  one  year  or  less  or,  in  the 
case  of  institutions  which  are  insurance  companies,  such  other  base 
or  bases  as  the  Board  may  determine  to  be  comparable. 

(c)  Amount;  classification. 

The  amount  of  any  institution's  liquidity  requirement,  and  any 
deficiency  in  compliance  therewith,  shall  be  calculated  as  the  Board 
shall  prescribe.  The  Board  may  prescribe  different  liquidity  require- 
ments, within  the  limitations  specified  herein,  for  different  classes  of 
institutions,  and  for  such  purposes  the  Board  is  authorized  to  clas- 
sify institutions  according  to  type,  size,  location,  rate  of  withdraw- 
als, or,  without  limitation  by  or  on  the  foregoing,  on  such  other 
basis  or  bases  of  differentiation  as  the  Board  may  deem  to  be  reason- 

[Emphasis  supplied.] 


196 


ably  necessary  or  appropriate  for  effectuating  the  purposes  of  this 
section. 

(d)  Penalty  assessment.  •  * 
For  any  deficiency  in  compliance  with  the  liquidity  requirement, 

the  Board  may,  in  its  discretion,  assess  a  penalty  consisting  of  the 
payment  by  the  institution  of  such  sum  as  may  be  assessed  by  the 
Board  but  not  in  excess  of  a  rate  equal  to  the  highest  rate  on 
advances  of  one  year  or  less,  plus  2  per  centum  per  annum,  on  the 
amount  of  the  deficiency  for  the  period  with  respect  to  which  the 
deficiency  existed.  Any  penalty  assessed  under  this  subsection 
against  a  member  shall  be  paid  to  the  Federal  Home  Loan  Bank  of 
which  it  is  a  member,  and  any  such  penalty  assessed  against  an 
insured  institution  which  is  not  a  member  shall  be  paid  to  the  Fed- 
eral Savings  and  Loan  Insurance  Corporation.  The  right  to  assess  or 
to  recover,  or  to  assess  and  recover,  any  such  penalty  is  not  abated 
or  affected  by  an  institution's  ceasing  to  be  a  member  or  ceasing  to 
be  insured.  The  Board  may  authorize  or  require  that,  at  any  tune 
before  collection  thereof,  and  whether  before  or  after  the  bringing 
of  any  action  or  other  legal  proceeding,  the  obtaining  of  any  judg- 
ment or  other  recovery,  or  the  issuance  or  levy  of  any  execution  or 
other  legal  process  therefor,  and  with  or  without  consideration,  any 
such  penalty  or  recovery  be  compromised,  remitted,  or  mitigated  in 
whole  or  part.  The  penalties  authorized  under  this  subsection  are  in 
addition  to  all  remedies  and  sanctions  otherwise  available. 

(e)  Reduction;  suspension  of  requirements  in  time  of  national 
emergency. 

Whenever  the  Board  deems  it  advisable  in  order  to  enable  an 
institution  to  meet  withdrawals  or  to  pay  obligations,  the  Board 
may,  to  such  extent  and  subject  to  such  conditions  as  it  may  pre- 
scribe, permit  the  institution  to  reduce  its  liquidity  below  the  mini- 
mum amount.  Whenever  the  Board  determines  that  conditions  of 
national  emergency  or  unusual  economic  stress  exist,  the  Board  may 
suspend  any  part  or  all  of  the  liquidity  requirements  hereunder  for 
such  period  as  the  Board  may  prescribe.  Any  such  suspension,  unless 
sooner  terminated  by  its  terms  or  by  the  Board,  shall  terminate  at 
the  expiration  of  ninety  days  next  after  its  commencement,  but  noth- 
ing in  this  sentence  prevents  the  Board  from  again  exercising, 
before,  at,  or  after  any  such  termination,  the  authority  conferred  by 
this  subsection. 

(f )  Rules  and  regulations;  investigations  by  Board. 

The  Board  is  authorized  to  issue  such  rules  and  regulations, 
including  definitions  of  terms  used  hwthis  section,  to  make  such 
examinations,  and  to  conduct  such  investigations  as  it  deems  neces- 
sary or  appropriate  to  effectuate  the  purposes  of  this  section.  The 
reasonable  cost  of  any  such  examination  or  investigation,  as  deter- 
miner! by  the  Board,  shall  be  paid  by  the  institution.  In  connection 
with  any  such  examination  or  investigation  the  Board  has  the  same 
functions  and  authority  that  the  Federal  Savings  and  Loan  Insur- 
ance Corporation  has  under  subsection  (m)  of  section  1730  of  this 
title,  and  for  purposes  of  this  subsection  the  provisions  of  said 
subsection  (m),  including  the  next  to  last  sentence  but  not  including 

[Empbasla  supplied.] 


197 


the  last  sentence,  and  the  provisions  of  the  first  sentence  of  subsec- 
tion (n)  of  that  section  are  applicable  in  the  same  manner  and  to 
the  same  extent  that  they  would  be  applicable  if  all  references 
therein  to  the  Corporation  were  also  references  to  the  Board  and  all 
references  therein  to  that  section  or  any  part  thereof  were  also  refer- 
ences to  this  section.  (July  22,  1932,  ch.  522,  §  5 A,  as  added  June  27, 
1950,  ch.  369,  §  1,  64  Stat.  257,  and  amended  Aug.  11,  1955,  ch.  783, 
title  I,  109(a)(3),  69  Stat,  640;  Sept.  21,  1968,  Pub.  L.  90-505,  § 
4,  82  Stat.  856.) 

— N  0  T  E — 

Excerpt  from  Senate  Reft.  1343,  90th  Cong.,  2d  Sess.  (1958) 

The  aim  of  the  amendment  is  not  to  subsidize  mortgages 
or  to  completely  insulate  housing  from  monetary  policy,  but 
rather  to  supply  liquidity  to  the  mortgage  market,  and  par- 
ticularly to  savings  and  loan  associations  during  periods  of 
extremely  tight  money  and  rapidly  rising  interest  rates  such 
as  occurred  during  1966  (and  such  as  might  very  well  reoc- 
cur during  the  last  half  of  1968).  During  1966,  the  process 
of  "disintermediation"  caused  substantial  disruption  to  the 
mortgage  market.  Rapidly  rising  interest  rates  caused  many- 
savers  to  switch  their  funds  from  financial  institutions  to 
direct  purchases  of  bonds  and  Government  securities.  To 
some  extent,  commercial  banks  were  able  to  respond  by  rais- 
ing their  interest  rates  paid  on  time  deposits  and  certificates 
of  deposits,  as  well  as  the  rates  charged  for  their  loans  to 
compensate  for  the  higher  cost  of  obtaining  deposits. 


12  U.S.C.  1703.  Insurance  of  financial  institutions 

(a)  The  Secretary  is  authorised  and  empowered  upon  such  terms 
and  conditions  as  he  may  prescribe,  to  insure  banks,  trust  companies, 
personal  finance  companies,  mortgage  companies,  building  and  loan 
associations,  installment  lending  companies  and  other  such  financial 
institutions,  which  the  Secretary  finds  to  be  qualified  by  experience 
or  facilities  and  approves  as  eligible  for  credit  insurance,  against 
losses  which  they  may  sustain  as  a  result  of  loans  and  advances  of 
credit,  and  purchases  of  obligations  representing  loans  and  advances 
of  credit,  made  by  them  on  and  after  July  1,  1939,  and  prior  to 
October  1,  1972,  for  the  purpose  of  (i)  financing  alterations,  repairs, 
and  improvements  upon  or  in  connection  with  existing  structures, 
and  the  building  of  new  structures,  upon  urban,  suburban,  or  rural 
real  property  (including  the  restoration,  rehabilitation,  rebuilding, 
and  replacement  of  such  improvements  which  have  been  damaged  or 
destroyed  by  earthquake,  conflagration,  tornado,  hurricane,  cyclone, 
flood,  or  other  catastrophe)',  by  the  owners  thereof  or  by  lessees  of 
such  real  property  under  a  lease  expiring  not  less  than  six  months 
after  the  maturity  of  the  loan  or  advance  of  credit ;  and  for  the  pur- 
pose of  (ii)  financing  the  purchase  of  a  mobile  home  to  be  used  by 

[Emphasis  supplied.] 


198 


the  owner  as  his  principal  residence.  In  no  case  shall  the  insurance 
granted  by  the  Secretary  under  this  section  to  any  such  financial 
institution  on  loans,  advances  of  credit,  and  purchases  made  by  such 
financial  institution  for  such  purposes  on  and  after  July  1,  1939, 
exceed  10  per  centum  of  the  total  amount  of  such  loans,  advances  of 
credit,  and  purchases:  Provided,  That  with  respect  to  any  loan, 
advance  of  credit,  or  purchase  made  after  the  effective  date  of  the 
Housing  Act  of  1954,  the  amount  of  any  claim  for  loss  on  any  such 
individual  loan,  advance  of  credit  or  purchase  paid  by  the  Secretary 
under  the  provisions  of  this  section  to  a  lending  institution  shall  not 
exceed  90  per  centum  of  such  loss. 

After  the  effective  date  of  the  Housing  Act  of  1954,  (i)  the  Secre- 
tary shall  not  enter  into  contracts  for  insurance  pursuant  to  this  sec- 
tion except  with  lending  institutions  which  are  subject  to  the  inspec- 
tion and  supervision  of  a  governmental  agency  required  by  law  to 
make  periodic  examinations  of  their  books  and  accounts,  and  which 
the  Secretary  finds  to  be  qualified  by  experience  or  facilities  to  make 
and  service  such  loans,  advances  or  purchases,  and  with  such  other 
lending  institutions  which  the  Secretary  approves  as  eligible  for 
insurance  pursuant  to  this  section  on  the  basis  of  their  credit  and 
their  experience  or  facilities  to  make  and  service  such  loans, 
advances  or  purchases;  (ii)  only  such  items  as  substantially  protect 
or  improve  the  basic  livability  or  utility  of  properties  shall  be  eligi- 
ble for  financing  under  this  section,  and  therefore  the  Secretary 
shall  from  time  to  time  declare  ineligible  for  financing  under  this 
section  any  item,  product,  alteration,  repair,  improvement,  or  class 
thereof  which  he  determines  would  not  substantially  protect  or 
improve  the  basic  livability  or  utility  of  such  properties,  and  he  may 
also  declare  ineligible  for  financing  under  this  section  any  item 
whch  he  determines  is  especially  subject  to  selling  abuses;  and  (iii) 
the  Secretary  is  authorized  and  directed,  by  such  regulations  or  pro- 
cedures as  he  shall  deem  advisable,  to  prevent  the  use  of  any  finan- 
cial assistance  under  this  section  (1)  with  respect  to  new  residential 
structures  (other  than  mobile  homes)  that  have  not  been  completed 
and  occupied  for  at  least  six  months,  or  (2)  which  would,  through 
multiple  loans,  result  in  an  outstanding  aggregate  loan  balance  with 
respect  to  the  same  structure  exceeding  the  dollar  amount  limitation 
prescribed  m  this  subsection  for  the  type  of  loan  involved:  Pro- 
vided, That  this  clause  (iii)  may  in  the  discretion  of  the  Secretary 
be  waived  with  respect  to  the  period  of  occupancy  or  completion  of 
anv  such  new  residential  structures.  The  Secretary  is  hereby  author- 
ized and  directed,  with  respect  to  mobile  homes  to  be  financed  under 
this  section,  to  (i)  prescribe  minimum  property  standards  to  assure 
the  livability  and  durability  of  the  mobile  home  and  the  suitability 
of  the  site  on  which  the  mobile  home  is  to  be  located;  and  (ii) 
obtain  assurances  from  the  borrower  that  the  mobile  home  will  be 
placed  on  a  site  which  complies  with  the  standards  prescribed  by  the 
ments i  zoning  and  other  applicable  local  require- 

(b)  No  insurance  shall  be  granted  under  this  section  to  any  such 
financial  institution  with  respect  to  any  obligation  representing  any 


199 


such  loan,  advance  of  credit,  or  purchase  by  it  (1)  if  the  amount  of 
such  loan,  advance  of  credit,  or  purchase  exceeds  $5,000,  except  that 
an  obligation  financing  the  purchase  of  a  mobile  home  may  be  in  an 
amount  not  exceeding  $10,000  ($15,000  in  the  case  of  a  mobile  home 
composed  of  two  or  more  modules);  (2)  if  such  obligation  has  a 
maturity  in  excess  of  three  years  and  thirty-two  days,  except  that 
the  Secretary  may  increase  such  maximum  limitation  to  seven  years 
and  thirty-two  days  if  he  determines  such  increase  to  be  in  the 
public  interest  after  giving  consideration  to  the  general  effect  of 
such  increase  upon  borrowers,  the  building  industry,  and  the  general 
economy,  and  such  maturity  limitation  shall  not  apply  if  such  loan, 
advance  of  credit,  or  purchase  is  for  the  purpose  of  financing  the 
construction  of  a  new  structure  for  use  in  whole  or  in  part  for  agri- 
cultural purposes:  Provided,  That  an  obligation  financing  the  pur- 
chase of  a  mobile  home  may  have  a  maturity  not  in  excess  of  twelve 
years  and  thirty-two  days  (fifteen  years  and  thirty-two  days  in  the 
case  of  a  mobile  home  composed  of  two  or  more  modules) ;  or  (3) 
unless  the  obligation  bears  such  interest,  has  such  maturity,  and  con- 
tains such  other  terms,  conditions,  and  restrictions  a9  the  Secretary 
shall  prescribe,  in  order  to  make  credit  available  for  the  purposes  of 
this  subchapter:  Provided,  That  any  such  obligation  with  respect  to 
which  insurance  is  granted  under  this  section  on  or  after  sixty  days 
from  August  7,  1956  shall  bear  interest,  and  insurance  premium 
charges,  not  exceeding  (A)  an  amount,  with  respect  to  so  much  of 
the  net  proceeds  thereof  as  does  not  exceed  $2,500,  equivalent  to 
$5.50  discount  per  $100  of  original  face  amount  of  a  one-year  note 
payable  in  equal  monthly  installments,  plus  (B)  an  amount,  with 
respect  to  any  portion  of  the  net  proceeds  thereof  in  excess  of  $2,500, 
equivalent  to  $4.50  discount  per  $100  of  original  face  amount  of  such 
a  note;  Provided  further,  That  the  amounts  referred  to  in  clauses 
(A)  and  (B)  of  the  preceding  proviso,  when  correctly  based  on 
tables  of  calculations  issued  by  the  Secretary  or  adjusted  to  elimi- 
nate minor  errors  in  computation  in  accordance  with  requirements  of 
the  Secretary,  shall  be  deemed  to  comply  with  such  proviso:  Pro- 
vided further,  That  insurance  may  be  granted  to  any  such  financial 
institution  with  respect  to  any  obligation  not  in  excess  of  $15,000 
nor  an  average  amount  of  $2,500  per  family  unit  and  having  a 
maturity  not  in  excess  of  seven  years  and  thirty-two  days  represent- 
ing any  such  loan,  advance  of  credit,  or  purchase  made  by  it  if  such 
loan,  advance  of  credit,  or  purchase  is  made  for  the  purpose  of 
financing  the  alteration,  repair,  improvement,  or  conversion  of  an 
existing  structure  used  or  to  be  used  as  an  apartment  house  or  a 
dwelling  for  two  or  more  families :  Provided  further,  That  any  obli- 
gation with  respect  to  which  insurance  is  granted  under  this  section 
on  or  after  July  1,  1939,  may  be  refinanced  and  extended  in  accord- 
ance with  such  terms  and  conditions  as  the  Secretary  may  prescribe, 
but  in  no  event  for  an  additional  amount  or  term  in  excess  of  the 
maximum  provided  for  in  this  subsection. 

(c)  (1)  Notwithstanding  any  other  provision  of  law,  the  Secre- 
tary shall  have  the  power,  under  regulations  to  be  prescribed  by  him 
and  approved  by  the  Secretary  of  the  Treasury,  to  assign  or  sell  at 


200 


public  or  private  sale,  or  otherwise  disposeof,  any  evidence  of  debt, 
contract,  claim,  personal  property,  or  security  assigned  to  or  held  by 
him  in  connection  with  the  payment  of  insurance  heretofore  or  here- 
after granted  under  this  section,  and  to  collect  or  compromise  all 
obligations  assigned  to  or  held  by  him  and  all  legal  or  equitable 
rights  accruing  to  him  in  connection  with  the  payment  of  such 
insurance  untifsuch  time  as  such  obligations  may  be  referred  to  the 
Attorney  General  for  suit  or  collection. 

(2)  The  Secretary  is  authorized  and  empowered  (a)  to  deal  with, 
complete,  rent,  renovate,  modernize,  insure,  or  sell  for  cash  or  credit, 
in  his  discretion,  and  upon  such  terms  and  conditions  and  for  such 
considerations  as  the  Secretary  shall  determine  to  be  reasonable,  any 
real  or  personal  property  conveyed  to  or  otherwise  acquired  by  him 
in  connection  with  the  payment  of  insurance  heretofore  or  hereafter 
granted  under  this  subchapter  and  (b)  to  pursue  to  final  collection, 
by  way  of  compromise  or  otherwise,  all  claims  against  mortgagors 
assigned  by  mortgagees  to  the  Secretary  in  connection  with  such  real 
or  personal  property  by  way  of  deficiency  or  otherwise:  Provided, 
That  section  5  of  Title  41  shall  not  be  construed  to  apply  to  any 
contract  of  hazard  insurance  or  to  any  purchase  or  contract  for  serv- 
ices or  supplies  on  account  of  such  property  if  the  amount  thereof 
does  not  exceed  $1,000.  The  power  to  convey  and  to  execute  in  the 
name  of  the  Secretary  deeds  of  conveyance,  deeds  of  release,  assign- 
ments and  satisfactions  of  mortgages,  and  any  other  written  instru- 
ment relating  to  real  or  personal  property  or  any  interest  therein 
heretofore  or  hereafter  acquired  by  the  Secretary  pursuant  to  the 
provisions  of  this  subchapter  may  be  exercised  by  an  officer 
appointed  by  him  without  the  execution  of  any  express  delegation  of 
power  or  power  of  attorney:  Provided,  That  nothing  in  this  para- 
graph shall  be  construed  to  prevent  the  Secretary  from  delegating 
such  power  by  order  or  by  power  of  attorney,  in  his  discretion,  to 
any  officer  or  agent  he  may  appoint. 

(d)  The  Secretary  is  authorized  and  empowered,  under  such  regu- 
lations as  he  may  prescribe,  to  transfer  to  any  such  approved  finan- 
cial institution  any  insurance  in  connection  with  any  loans  and 
advances  of  credit  which  may  be  sold  to  it  by  another  approved 
financial  institution. 

(e)  The  Secretary  is  authorized  to  waive  compliance  with  regula- 
tions heretofore  or  "hereafter  prescribed  by  him  with  respect  to  the 
interest  and  maturity  of  and  the  terms,  conditions,  and  restrictions 
under  which  loans,  advances  of  credit,  and  purchases  may  be  insured 
under  this  section  and  section  1706a  of  this  title,  if  in  his  judgment 
the  enforcement  of  such  regulations  would  impose  an  injustice  upon 
an  insured  institution  which  has  substantially  complied  with  such 
regulations  in  good  faith  and  refunded  or  credited  any  excess  charge 
made,  and  where  such  waiver  does  not  involve  an  increase  of  the 
obligation  of  the  Secretary  beyond  the  obligation  which  would  have 
been  involved  if  the  regulations  had  been  fully  complied  with. 

(f)  The  Secretary  shall  fix  a  premium  charge  for  the  insurance 
hereafter  granted  under  this  section,  but  in  the  case  of  any  obliga- 
tion representing  any  loan,  advance  of  credit,  or  purchase,  such  pre- 
mium charge  shall  not  exceed  an  amount  equivalent  to  1  per  centum 


201 


per  annum  of  the  net  proceeds  of  such  loan,  advance  of  credit,  or 
purchase,  for  the  term  of  such  obligation,  and  such  premium  charge 
shall  be  payable  in  advance  by  the  financial  institution  and  shall  be 
paid  at  such  time  and  in  such  manner  as  may  be  prescribed  by  the 
Secretary. 

(g)  Any  payment  for  loss  made  to  an  approved  financial  institu- 
tion under  this  section  shall  be  final  and  incontestable  after  two 
years  from  the  date  the  claim  was  certified  for  payment  by  the  Sec- 
retary, in  the  absence  of  fraud  or  misrepresentation  on  the  part  of 
such  institution,  unless  a  demand  for  repurchase  of  the  obligation 
shall  have  been  made  on  behalf  of  the  United  States  prior  to  the 
expiration  of  such  two-year  period. 

(h)  The  Secretary  is  authorized  and  directed  to  make  such  rules 
and  regulations  as  may  be  necessary  to  carry  out  the  provisions  of 
this  subchapter.  (June  27,  1934,  ch.  847,  title  I,  §  2,  48,  Stat.  1246; 
Hay  28,  1935,  ch.  150,  §  28(a),  (b),  49  Stat.  299;  Aug.  23,  1935,  ch. 
614,  §  344(b),  49  Stat.  722;  Apr.  3,  1936,  ch.  165,  §  1,  49  Stat.  1187; 
Apr.  17,  1936,  ch.  234,  §  4  (a),  (b),  49  Stat.  1234;  Apr.  22,  1937,  ch. 
121,  §2,  50  Stat.  71;  Feb.  3,  1938,  ch.  13,  §2,  52  Stat.  9;  June  3, 
1939,  ch.  175,  §§  1,  2,  53  Stat.  804,  805;  June  28,  1941,  ch.  261,  §§ 
1-5,  55  Stat.  364,  365;  May  26,  1942,  ch.  319,  §13,  56  Stat.  305; 
Mar.  23.  1943,  ch.  21,  §  2,  57  Stat,  43;  Oct.  15,  1943,  ch.  259,  §§  3,  4, 
57  Stat.  571;  June  26,  1947,  ch.  152,  61  Stat.  182;  1947  Reorg.  Plan 
No.  3,  §3,  eff.  July  27,  1947,  12  F.E.  4981,  61  Stat.  954;  Aug.  10, 
1948,  ch.  832,  title  I,  §  101  (s),  62  Stat.  1275;  July  15,  1949,  ch.  338, 
title  II,  §  201(1),  63  Stat.  421;  Aug.  30,  1949,  ch.  524,  63  Stat.  681; 
Oct.  25,  1949,  ch.  729,  §1(1),  63  Stat.  905;  Apr.  20,  1950,  ch.  94, 
title  I,  §§  101(a),  122,  64  Stat.  48,  59;  Mar.  10,  1953,  ch.  5,  §  1,  67 
Stat.  4;  Aug.  2,  1954,  ch.  649,  title  I,  §§  101(a),  102,  68  Stat.  590; 
June  30,  1955,  ch.  251,  §  1  (1),  69  Stat.  225;  Aug.  11,  1955,  ch.  783, 
title  I,  §  101,  69  Stat.  635;  Feb.  10,  1956,  ch.  33,  70  Stat.  11;  Aug.  7, 
1956,  ch.  1029,  title  I,  §  101,  70  Stat.  1091 ;  July  12,  1957,  Pub.  L. 
85-104,  title  I,  §  105.  71  Stat,  297;  Sept.  23,  1959,  Pub.  L.  86-372, 
title  I,  §  101,  73  Stat.  654;  Sept.  14,  1960,  Pub.  L.  86-788,  §  2(a), 
74  Stat.  1028;  June  30,  1961,  Pub.  L.  87-70,  title  VI,  §  604(a),  75 
Stat.  177;  Sept.  2,  1964,  Pub.  L.  88-560,  title  I,  §  101,  78  Stat.  769; 
Aug.  10,  1965,  Pub.  L.  89-117,  title  II,  §  202(a),  title  XI, 
§  1108(a),  79  Stat.  465,  504;  May  25, 1967,  Pub.  L.  90-19,  §  1(a)  (3), 
(d),  81  Stat.  17,  18;  Aug.  1,  1968,  Pub.  L.  90-448,  title  III,  §  308, 
82  Stat.  509;  Sept.  30,  1969,  Pub.  L.  91-78,  §  2(a),  83  Stat.  125; 
Dec.  24.  1969,  Pub.  L.  91-152,  title  I,  §§  101(a),  103(c),  Dec.  24, 

1969,  83  Stat.  379,  380;  Oct.  2,  1970,  Pub.  L,  91^32,  §  1(a),  84  Stat. 
886;  Oct.  21,  1970,  Pub.  L.  91-473,  §  1(a),  84  Stat.  1064;  Dec.  1, 

1970,  Pub.  L.  91-525,  §  1(a),  84  Stat.  1384;  Dec.  31,  1970,  Pub.  L. 
91-609,  title  I,  §  101(a),  113,  84  Stat.  1770,  1773.) 

—NOTE— 

Excerpt  from  House  Reft.  2363,  84th  Cong.,  2d  Sess.  ( 1956) 

Recent  major  floods  have  revealed  special  problems  in 
applying  present  laws  to  the  rehabilitation  or  rebuilding  of 


202 


urban  areas  which  have  been  hit  by  major  disasters.  Section 
402  of  the  bill  would  provide  desirable  modifications  in  the 
existing  law  to  facilitate  the  provision  of  assistance  under 
the  urban  renewal  program  in  disaster  areas. 

A  new  section  (sec.  Ill)  would  be  added  to  title  1  ot  the 
Housing  Act  of  1949,  as  amended.  This  new  section  would 
be  applicable  onlv  in  areas  which  are  found  by  the  local 
governing  bodv  and  the  Housing  Administrator  to  be  in 
need  of  redevelopment  or  rehabilitation  as  a  result  of  a 
flood,  fire,  hurricane,  earthquake,  or  similar  catastrophe 
which  the  President  has  declared  to  be  a  major  disaster. 
The  Federal  Government  would  be  authorized  to  extend 
urban  renewal  assistance  for  such  an  area  without  regard  to 
certain  limitations  imposed  upon  nondisaster  projects. 

Thus,  the  local  community  would  be  permitted  to  post- 
pone compliance  with  the  workable  program  requirement, 
and  the  urban  renewal  plan  would  not  have  to  conform  to  a 
general  plan  for  the  locality  as  a  whole.  These  modifications, 
along  with  a  waiver  of  the  public-hearing  requirement, 
would  permit  a  faster  start  in  the  rebuilding  of  the  stricken 
area.  Present  requirements  that  an  urban  renewal  area  shall 
be  a  slum  area  or  that  it  shall  be  predominantly  residential 
in  character  would  be  waived  where  the  need  for  rehabilita- 
tion or  rebuilding  arises  from  a  major  disaster.  A  regular 
urban  renewal  plan  would  be  prepared  for  the  project  area, 
and  in  doing  so,  the  locality  would  be  required  to  give  due 
regard  to  the  removal  or  relocation  of  dwellings  from  proj- 
ect sites  subjected  to  recurring  floods  or  other  recurring 
catastrophes.  Since  the  displacement  of  families  will  in 
many  instances  have  already  occurred  as  a  result  of  the 
major  disaster,  the  relocation  requirements  in  the  present 
law  would  be  modified  to  require  only  that  the  local  public 
agency  present  a  plan  for  the  encouragement,  to  the  maxi- 
mum extent  feasible,  of  the  provision  of  dwellings  suitable 
for  the  needs  of  displaced  families. 

Two  sections  of  the  National  Housing  Act  provide  FHA 
mortgage  insurance  authority  designed  to  assist  the  carry- 
ing out  of  urban  renewal  programs.  These  are  FHA  sec- 
tions 220  and  221  and  provide  for  insurance  of  mortgages 
on  liberal  terms  provided  the  community  meets  the  worka- 
ble program  requirement  applicable  to  title  I  urban  renewal 
projects.  In  order  that  these  mortgage  insurance  programs 
may  also  be  utilized  to  help  meet  needs  of  disaster  victims 
in  urban  renewal  areas  the  bill  provides  in  such  cases  that 
the  FHA  sections  220  and  221  mortgage  insurance  would  be 
made  available  without  regard  to  the  workable  program 
requirement. 

Section  701  of  the  Housing  Act  of  1954  authorizes  the 
Federal  Government  to  make  grants,  not  exceeding  50  per- 
cent of  the  estimated  cost  of  the  planning  work,  to  assist 
community  planning  in  small  communities — less  than  25,000 
population — and  to  make  similar  grants  to  official  State,  met- 


203 


ropolitan,  or  regional  agencies  for  similar  planning  in  met- 
ropolitan or  regional  areas.  The  bill  would  amend  this 
section  of  the  law  so  that  in  areas  stricken  by  major  disas- 
ters, the  large  cities  as  well  as  the  smaller  communities 
under  25,000  population  could  directly  avail  themselves  of 
the  planning  grants  authorized. 


12  U.S.C.  1705.  Allocation  of  funds 

For  the  purposes  of  carrying  out  the  provisions  of  this  subchapter 
and  subchapters  II  and  III  of  this  chapter  the  President,  in  his  dis- 
cretion, is  authorized  to  provide  such  funds  or  any  portion  thereof 
by  allotment  to  the  Secretary  from  any  funds  that  are  available,  or 
may  hereafter  be  made  available,  to  the  President  for  emergency 
purposes.  (June  27,  1934,  ch.  847,  title  I,  §  4,  48  Stat.  1247;  June  30, 
1947,  ch.  166,  title  II,  §  206  (I),  61  Stat.  208,  1947  Reorg.  Plan  No. 
3,  §  3,  eff.  July  27,  1947,  12  F.K.  4981,  61  Stat.  954;  Apr.  20,  1950, 
ch.  94,  title  I,  §  122,  64  Stat.  59;  May  25,  1967,  Pub.  L.  90-19,  §  1(a) 
(3),  81  Stat.  17.) 


12  U.S.C.  1748b.  Insurance  of  mortgages 

(a)  Aggregate  amount  of  insurance;  termination  date. 

In  order  to  assist  in  relieving  the  acute  shortage  and  urgent  need 
for  family  housing  which  now  exists  at  or  in  areas  adjacent  to  mili- 
tary installations  because  of  uncertainty  as  to  the  permanency  of 
such  installations  and  to  increase  the  supply  of  necessary  family 
housing  accommodations  for  personnel  at  such  installations,  the  Sec- 
retary is  authorized,  upon  application  of  the  mortgagee,  to  insure 
mortgages  (including  advances  on  such  mortgages  during  construc- 
tion) which  are  eligible  for  insurance  as  hereinafter  provided,  and, 
upon  such  terms  as  the  Secretary  may  prescribe,  to  make  commit- 
ments for  so  insuring  such  mortgages  prior  to  the  date  of  their  exe- 
cution or  disbursement  thereon:  Provided,  That  the  aggregate 
amount  of  principal  obligations  of  all  mortgages  insured  under  this 
subchapter  (except  mortgages  insured  pursuant  to  the  provisions  of 
this  subchapter  in  effect  prior  to  August  11,  1955)  shall  not  exceed 
$2,300,000,000 :  And  provided  further,  That  the  limitation  in  section 
1715h  of  this  title  shall  not  apply  to  this  subchapter :  And  provided 
further,  That  no  more  mortgages  shall  be  insured  under  this  section 
after  October  1,  1962,  except  pursuant  to  a  commitment  to  insure 
before  such  date,  and  not  more  than  twenty-eight  thousand  family 
housing  units  shall  be  contracted  for  after  June  30, 1959,  pursuant  to 
any  mortgage  insured  under  this  section  after  such  date.  (June  27. 
1934,  ch.  847,  title  VIII,  §  803,  as  added  Aug.  8,  1949,  ch.  403,  §  1, 
63  Stat.  570,  and  amended  Aug.  10,  1949,  ch.  412,  §  12  (a),  63  Stat. 
591;  Sept.  1,  1951,  ch.  378,  title  VI,  §  601  (a— c),  65  Stat.  312;  June 
30, 1953,  ch.  170,  §  10  (a)— (c),  67  Stat.  124;  June  29,  1954,  ch.  410, 
§  1  (2),  68  Stat.  320;  Aug.  2,  1954,  ch.  649,  title  I,  §§  112  (c),  128 

[Emphasis  supplied.] 


204 


(a),  130,  68  Stat.  593,  609;  June  30,  1955,  ch.  251,  §  1  (2),  69  Stat. 
225  Aug.  11,  1955,  ch.  783,  title  TV,  §  401,  69  Stat.  647;  Aug.  7, 
1956,  ch  1029,  title  V,  §§  502-506(a),  70  Stot  11M;  Juty  12,  1957, 
Pub.  L.  85-104,  title  f,  ?108  (c),  title  V,  §§  501,  502,  71  Stat.  297, 
303;  Apr.  1,  1958,  Pub.  L.  85-364,  § 3(b),  72  Stat.  73|  Aug  10, 
1959,  Pub.  L.  86-149,  title  IV,  §  414(a)  73  Stat.  322;  Sept.  23,  1959, 
Pub.  L.  86-372,  title  VII,  §  701,  73  Stat.  682;  June  8,  1960,  Pub.  L. 

86-  500,  title  V,  §  507  (a),  (c),  .74  Stat.  185,  186;  June  27,  1961, 
Pub.  L.  87-57,  title  VI,  §  607(a),  75  Stat.  Ill;  June  30,  1961,  Pub. 
L.  87-70,  title  VI,  §  604(d),  75  Stat.  177;  Aug.  31,  1962,  Pub.  L. 

87-  623,  §1,  76  Stat.  418;  Aug.  10,  1965,  Pub.  L.  89-117,  title  X, 
§  1108  (u),  79  Stat.  560;  May  25, 1967,  Pub.  L.  90-19,  §  1(a)  (3),  (p), 
81  Stat.  17, 19.)   

Title  14 — Coast  Guard 


14  U.S.C.  3.  Relationship  to  Navy  Department 

Upon  the  declaration  of  war  or  when  the  President  directs,  the 
Coast  Guard  shall  operate  as  a  service  in  the  Navy,  and  shall  so  con- 
tinue until  the  President,  by  executive  order,  transfers  the  Coast 
Guard  back  to  the  Treasury  Department.  While  operating  as  a  serv- 
ice in  the  Naw.  the  Coast  Guard  shall  be  subject  to  the  orders  of 
the  Secretary  of  the  Navy  who  may  order  changes  in  Coast  Guard 
operations  to  render  them  uniform,  to  the  extent  he  deems  advisable, 
with  Navy  operations.  (Aug.  4, 1949,  ch.  393,  63  Stat  496.) 


14  U.S.C.  214.  Original  appointment  of  temporary  officers 

(a)  The  President  may  appoint  temporary  commissioned  officers 
in  the  Regular  Coast  Guard  in  a  grade,  not  above  lieutenant,  appro- 
priate to  their  qualifications,  experience,  and  length  of  service,  as  the 
needs  of  the  Coast  Guard  may  require,  from  among  the  commis- 
sioned warrant  officers,  warrant  officers,  and  enlisted  men  of  the 
Coast  Guard,  and  from  licensed  officers  of  the  United  States  mer- 
chant marine. 

(b)  The  President  may  appoint  temporary  commissioned  warrant 
officers  in  the  Regular  Coast  Guard,  as  the  needs  of  the  Coast  Guard 
may  require,  from  among  the  warrant  officers  and  enlisted  men  of 
the  Coast  Guard,  and  from  licensed  officers  of  the  United  States 
merchant  marine. 

(c)  The  Secretary  may  appoint  temporary  warrant  officers 
OV-1)  in  the  Regular  Coast  Guard,  as  the  needs  of  the  Coast 
Guard  require,  from  among  the  enlisted  men  of  the  Coast  Guard, 
and  from. licensed  officers  of  the  United  States  merchant  marine. 

(d)  Temporary  appointments  under  this  section  do  not  change  the 
permanent,  probationary,  or  acting  status  of  persons  so  appointed, 

[Empbasls  supplied.] 


205 


prejudice  them  in  regard  to  promotion  or  appointment,  or  abridge 
their  rights  or  benefits.  A  person  who  is  appointed  under  this  section 
may  not  suffer  any  reduction  in  the  pay  and  allowances  to  which  he 
was  entitled  because  of  his  permanent  status  at  the  time  of  his  tem- 
porary appointment  under  this  section. 

(e)  An  appointment  under  this  section  may  be  vacated  by  the 
appointing  officer  at  any  time.  Eaai  officer  whose  appointments  is  so 
van  fed  shall  re\ert  to  his  permanent  status. 

(i)  Appointees  under  this  section  shall  take  precedence  in  the 
grade  to  which  appointed  in  accordance  with  the  dates  of  their 
appointments  as  officers  in  such  grade.  Appointees  whose  dates  of 
appointment  are  the  same  shall  take  precedence  with  each  other  as 
the  Secretary  shall  determine.  (Added  Pub.  L.  88-130,  §  1(10)  (C), 
Sept.  24. 1963,  77  Stat.  178,  and  amended  Pub.  L.  89-444,  1(12)-(14), 
June  9,  1966,  80  Stat.  196.) 

—NOTE— 

Successor  to  14  U.S.C.  435  which,  according  to  codifier's 
note,  provided  for  temporary  promotions  in  time  of  war  or 
national  emergency. 


14  U.S.C.  275.  Wartime  temporary  service  promotions 

(a)  In  time  of  war,  or  of  national  emergency  declared  by  the 
President  or  Congress,  the  President  may  suspend  any  section  of 
this  chapter  relating  to  the  selection,  promotion,  or  involuntary  sep- 
aration of  officers.  Such  a  suspension  may  not  continue  beyond  six 
months  after  the  termination  of  the  war  or  national  emergency. 

(b)  When  the  preceding  sections  of  this  chapter  relating  to  selec- 
tion and  promotion  of  officers  are  suspended  in  accordance  with 
subsection  (a),  and.  the  needs  of  the  service  require,  the  President 
may,  under  regulations  prescribed  by  him,  promote  to  a  higher 
grade  any  officer  serving  on  active  duty  in  the  grade  of  ensign  or 
above  in  the  Coast  Guard. 

(c)  In  time  of  war,  or  of  national  emergency  declared  by  the 
President  or  Congress,  the  President  may,  under  regulations  to  be 
prescribed  by  him,  promote  to  the  next  higher  warrant  officer  grade 
any  warrant  officer  serving  on  active  duty  in  a  grade  below  chief 
warrant  officer,  W-4. 

(d)  The  grade  of  commodore  in  the  Coast  Guard  is  established 
for  the  purposes  of  this  section. 

(e)  A  promotion  under  this  section  to  a  grade  above  lieutenant 
may  be  made  only  upon  the  recommendation  of  a  board  of  officers 
convened  for  that  purpose. 

(f)  A  promotion  under  this  section  shall  be  made  by  an  appoint- 
ment for  temporary  service.  An  appointment  under  this  section  to  a 
grade  above  captain  shall  be  made  by  the  President  by  and  with  the 
advice  and  consent  of  the  Senate.  An  appointment  under  this  section 
to  grade  above  lieutenant  commander  of  an  officer  in  the  Coast 

[Emphasis  supplied.] 


24-509  O  -  13  -  15 


206 


Guard  Reserve  shall  be  made  by  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate.  Any  other  appointments  under 
this  section  shall  be  made  by  the  President  alone. 
_  (g)  An  appointment  under  this  section,  unless  expressly  declined, 
is  regarded  as  accepted  on  the  date  specified  by  the  Secretary  as  the 
date  of  the  appointment,  and  the  officer  so  promoted  is  entitled  to 
pay  and  allowances  of  the  grade  to  which  appointed  from  that  date. 

(h)  An  appointment  under  this  section  does  not  terminate  any 
appointments  held  by  an  officer  concerned  under  any  other  provi- 
sions of  this  title.  The  President  may  terminate  temporary  appoint- 
ments made  under  this  section  at  any  time.  An  appointment  under 
this  section  is  effective  for  such  period  as  the  President  determines. 
However,  an  appointment  may  not  be  effective  later  thorn,  sue  months 
after  the  end  of  the  war  or  national  emergency.  When  his  temporary 
appointment  under  this  section  is  terminated  or  expires,  the  officer 
shall  revert  to  his  former  grade. 

(i)  Not  later  than  six  months  after  the  end  of  the  war  or  national 
emergency  the  President  shall,  under  such  regulations  as  he  may 
prescribe,  reestablish  the  active  duty  promotion  list  with  adjust- 
ments and  additions  appropriate  to  the  conditions  of  original 
appointment  and  wartime  service  of  all  officers  to  be  included 
thereon.  The  President  may,  by  and  with  the  advice  and  consent  of 
the  Senate,  appoint  officers  on  the  reestablished  active  duty  promo- 
tion list  to  fill  vacancies  in  the  authorized  active  duty  strength  of 
each  grade.  Such  appointments  shall  be  considered  to  have  been 
made  under  section  271  of  this  title.  (Added  Pub.  L.  88-130, 
§  1(10)  (C),  Sept.  24, 1963, 77  Stat.  182.) 

(As  amended  Pub.  L.  92-129,  title  VI,  §  605,  Sept.  28,  1971,  85 
Stat.  362.) 


,14  U.S.C.  331.  Recall  to  active  duty  dubing  war  or  national 

EMERGENCY 

In  time  of  war  or  national  emergency,  the  Secretary  may  order 
any  regular  officer  on  the  retired  list  to  active  duty.  (Added  Pub.  L. 
88-130,  §  1(10)  (C),  Sept.  24,  1963,  77  Stat.  189.) 


14  U.S.C.  359.  Recall  to  active  duty  during  war  or  national 

EMERGENCY 

In  time  of  war  or  national  emergency,  the  Commandant  may 
order  any  enlisted  man  on  the  retired  list  to  active  duty.  (Aue  4 
1949,  ch.  393,  63  Stat.  522;  Aug.  3,  1950,  ch.  536,  §  18,  64  Stat.  407.) 


14  U.S.C.  367.  Detention  beyond  term  op  enlistment 

(a)  Under  regulations  prescribed  by  the  Secretary,  an  enlisted 
ma!\ may  be  detained  in  the  Coast  Guard  beyond  the  term  of  his 


enlistment : 

[Emphasis  supplied.] 


207 


(1)  until  the  first  arrival  of  the  vessel  on  which  he  is  serving 
at  its  permanent  station,  or  at  a  port  in  a  State  of  the  United 
States  or  in  the  District  of  Columbia ;  or 

(2)  if  attached  to  a  shore  station  beyond  the  continental 
limits  of  the  United  States  or  in  Alaska,  until  his  first  arrival 
at  a  port  in  any  State  of  the  United  States  or  in  the  District  of 
Columbia  where  his  reenlistment  or  discharge  may  be  effected, 
or  until  he  can  be  discharged  or  reenlisted  at  his  station  beyond 
the  continental  limits  of  the  United  States  or  in  Alaska,  which- 
ever is  earlier,  but  in  no  event  to  exceed  three  months ;  or 

(3)  during  a  period  of  war  or  national  emergency  as  pro- 
claimed by  the  President,  and,  in  the  interest  of  national 
defense,  for  a  period  not  to  exceed  six  months  after  the  end  of 
the  war  or  the  termination  of  the  emergency ;  or 

(4)  for  a  period  of  not  exceeding  thirty  days  in  other  cases 
whether  or  not  specifically  covered  t>y  this  section,  when  essen- 
tial to  the  public  interests,  and  the  determination  that  such 
detention  is  essential  to  the  public  interests,  made  in  accordance 
with  regulations  prescribed  by  the  Secretary,  shall  be  final  and 
conclusive. 

Any  person  detained  in  the  Coast  Guard  as  provided  in  this  sec- 
tion shall  be  entitled  to  receive  pay  and  allowances  and  benefits 
under  the  same  conditions  as  though  his  enlistment  period  had  not 
expired,  and  shall  be  subject  in  all  respects  to  the  laws  and  regula- 
tions for  the  government  of  the  Coast  Guard  until  his  discharge 
therefrom.  Enlisted  men  detained  under  the  provisions  of  (1)  of  this 
subsection  shall  be  entitled  to  the  pay  and  allowances  provided  for 
enlisted  personnel  of  the  Navy  detained  under  similar  circumstances. 

(b),  (c).  Repealed.  July  24, 1956,  ch.  692,  §  2  (4),  70  Stat.  631. 

(Aug.  4,  1949,  ch.  393,  63  Stat.  523;  Aug.  3,  1950,  ch.  536,  §  22,  64 
Stat.  407;  July  24, 1956,  ch.  692,  §§  2  (4),  3, 70  Stat.  631.) 


14  U.S.C.  371.  Aviation  cadets;  procurement;  transfer 

(a)  The  grade  of  aviation  cadet  is  established  as  a  special  enlisted 
grade  in  the  Coast  Guard.  Under  such  regulations  as  the  Secretary 
prescribes,  male  citizens  in  civil  life  may  be  enlisted  as,  and  male 
enlisted  members  of  the  Coast  Guard  with  their  consent  may  be  des- 
ignated as,  aviation  cadets. 

(b)  except  in  time  of  wax  or  national  emergency  declared  by 
Congress,  not  less  than  20  per  centum  of  the  aviation  cadets  pro- 
cured in  each  fiscal  year  shall  be  procured  from  qualified  enlisted 
members  of  the  Coast  Guard. 

(c)  No  persons  may  be  enlisted  or  designated  as  an  aviation  cadet 
unless — 

(1)  he  agrees  in  writing  that,  upon  his  successful  completion 
of  the  course  of  training  as  an  aviation  cadet,  he  will  accept  a 
commission  as  an  ensign  in  the  Coast  Guard  Reserve  and  will 
serve  on  active  duty  as  such  for  at  least  three  years,  unless 
sooner  released ;  and 

[Emphasis  supplied.] 


208 


(2)  if  under  twenty-one  years  of  age,  he  has  the  consent  of 
his  parent  or  guardian  to  his  agreement, 
(d)  Under  such  regulations  as  the  Secretary  prescribes,  an  avia- 
tion cadet  may  be  transferred  to  another  enlisted  grade  or  rating  in 
the  Coast  Guard,  released  from  active  duty,  or  discharged.  (Added 
Pub.  L.  89^44,  §  1  (20),  June  9, 1966, 80  Stat.  196.) 


14  U.S.C.  491.  Medal  of  Honor 

The  President  may  award,  and  present  in  the  name  of  Congress,  a 
medal  of  honor  of  appropriate  design,  with  ribbons  and  appurte- 
nances, to  a  person  who,  while  a  member  of  the  Coast  Guard,  distin- 
guishes himself  conspicuously  by  gallantry  and  intrepidity  at  the 
risk  of  his  life  above  and  beyond  the  call  of  duty — 

(1)  while  engaged  in  an  action  against  an  enemy  of  the 
United  States; 

(2)  while  engaged  in  military  operations  involving  conflict 
with  an  opposing  foreign  force ; 

(3)  while  serving  with  friendly  foreign  forces  engaged  in  an 
armed  conflict  against  am  opposing  armed  force  in  which  the 
United  States  is  not  a  belligerent  party. 

(Aug.  4,  1949,  ch.  393,  63  Stat.  535;  July  25,  1963,  Pub.  L.  88-77, 
§  4,  77  Stat.  95.) 

— N  O  T  E — 

Excerpt  from  House  Reft.  412,  88th  Coxo.,  1st  Sess.  (1963) 

The  purpose  of  the  proposed  legislation  is  to  expand  the 
authority  for  the  award  of  the  Medal  of  Honor,  the  Distin- 
guished Service  Cross,  the  Navy  Cross,  the  Air  Force  Cross, 
and  the  Silver  Star  by  the  various  military  departments, 
and  the  Coast  Guard,  with  respect  to  the  Medal  of  Honor, 
so  the  Government  can  give  proper  recognition  to  acts  of 
heroism  and  gallantry  which  may  occur  during  "cold  war" 
conditions  short  of  situations  when  our  Armed  Forces  are 
at  war  with  an  enemy  of  the  United  States. 

The  bill  also  amends  existing  law  so  that  personnel 
receiving  the  Medal  of  Honor  under  the  qualifying  provi- 
sions of  this  law  will  have  their  names  placed  on  the  Medal 
of  Honor  Roll  and  receive  the  certificate  and  pension  pro- 
vided by  sections  561  and  562  of  title  38.  United  States 
Code,  beginning  at  age  50. 

Present  laws  which  authorize  the  award  of  combat  deco- 
rations prescribe  in  general  that  these  decorations  may  only 
be  awarded  to  persons  who  distinguish  themselves  in  actual 
conflict  with,  or  military  operations  against,  an  armed 
enemy  of  the  United  States.  Under  present  law  the  Navy 
and  Marine  Corps  may  also  award  the  Medal  of  Honor  to  a 
member  of  the  naval  service  who  distinguishes  himself  con- 

[Emphatiis  supplied.] 


209 


spicuously  by  gallantry,  et  cetera,  "in  the  line  of  his  profes- 
sion." (10U.S.C.6241). 

*  *  *  *  *  * 

For  the  most  part,  however,  members  of  the  Armed 
Forces  who  perform  heroic  and  gallant  acts  while  serving 
in  an  advisory  capacity  with,  or  while  assisting  in  the  oper- 
ation of  friendly  foreign  forces  engaged  in  armed  conflict 
to  which  the  United  States  is  not  a  formal  party,  may  not 
be  awarded  the  decorations  previously  mentioned. 

The  President,  on  April  25,  1962,  by  Executive  order, 
authorized  the  award  of  the  Purple  Heart  and  on  August 
24,  1962,  by  Executive  order,  authorized  the  award  of  the 
Bronze  Star  Medal  to  cover  cold  war  activities.  The  pro- 
posed legislation  restates  the  criteria  for  the  award  of 
combat  decorations  to  make  them  more  consistent  with  the 
criteria  announced  in  the  Executive  orders,  namely,  for  acts 
which  occur : 

(1)  While  engaged  in  an  act  against  an  enemy  of  the 
United  States ; 

(2)  while  engaged  in  military  operations  involving  con- 
flict with  an  opposing  foreign  force;  or 

(3)  while  serving  with  friendly  foreign  forces  engaged 
in  an  armed  conflict  against  opposing  armed  forces  in 
which  the  United  States  is  not  a  belligerent  party. 

The  United  States  has  over  11,000  men  who  are  making 
an  outstanding  effort  to  assist  the  Republic  of  Vietnam  in 
its  determined  war  against  Communist  oppression.  The 
Army  has  been  awarding  the  Distinguished  Flying  Cross 
(10  U.S.C.  3749),  the  Air  Medal  (Executive  Order  9158 
amended  by  Executive  Order  9242-A,  September  11,  1942), 
the  Legion  of  Merit,  and  the  Bronze  Star  Medal,  but  there 
have  been  situations  where  higher  awards  would  have  been 
made  had  the  authority  existed  to  award  them. 

The  present  criteria  for  the  award  of  these  combat  deco- 
rations should  therefore  be  expanded  to  permit  prompt  and 
proper  recognition  of  the  services  and  sacrifices  of  person- 
nel who  may  be  involved  in  such  "cold  war"  activities. 

Enactment  of  the  proposed  legislation  would  cause  no 
significant  increase  in  the  budgetary  requirements  for  the 
Department  of  Defense. 

The  Committee  on  Armed  Services  unanimously  recom- 
mends enactment. 


14  U.S.C.  493.  Coast  Guard  medal 

The  President  may  present,  but  not  in  the  name  of  Congress,  a 
medal  to  be  known  as  the  Coast  Guard  medal,  of  appropriate  design, 
with  accompanying  ribbon,  together  with  a  rosette  or  other  device  to 

[Emphasis  supplied.] 


210 


be  worn  in  lieu  thereof,  to  any  person  who,  while  serving  in  any 
capacity  with  the  Coast  Guard,  distinguishes  himself  by  heroism  not 
involving  actual  conflict  with  an  enemy.  (Aug.  4,  1949,  ch.  393,  63 
Stat.  535.) 


14TJ.S.C.  652.  Removing  restrictions 

Any  law  removing  for  the  duration  of  a  war  or  national  emer- 
gency proclaimed  by  the  President  any  restriction  contained  in  any 
then-existing  law  as  applied  to  the  Navy,  including,  but  not  limited 
to,  restrictions  relating  to  the  manner  in  which  purchases  may  be 
made  and  contracts  awarded,  fiscal  operations,  and  personnel,  shall, 
in  the  same  manner  and  to  the  same  extent,  remove  such  restrictions 
as  applied  to  the  Coast  Guard.  (Aug.  4, 1949,  ch.  393,  63  Stat  550.) 


[COMMISSIONED  OFFICERS] 

14  U.S.C.  778.  Suspension  of  this  subchapter  in  war  or  national 

EMERGENCY 

In  time  of  war  or  national  emergency  declared  by  the  Congress, 
the  President  is  authorized,  in  his  discretion,  to  suspend  the  opera- 
tion of  all  or  any  of  the  sections  of  this  subchapter.  If  any  or  all  of 
such  sections  are  suspended  by  the  President  under  this  section,  the 
Secretary  of  Defense,  prior  to  the  sections  suspended  being  again 
placed  in  operation,  shall  recommend  to  Congress  necessary  legisla- 
tion designed  to  adjust  the  grades  of  Reserve  officers  and  such  legis- 
lation shall  be,  insofar  as  practicable,  comparable  to  any  similar  leg- 
islation recommended  for  adjustment  of  the  grades  of  officers  of  the 
Regular  Coast  Guard.  (Added  Pub.  L.  85-861,  §  5  (2),  Sept,  2, 1958, 
72  Stat.  1550.) 

— NOTE — 

Excerpt  from  House  Reft.  657,  81st  Cong.,  1st  Sess.  (1949) 

This  section  is  new  and  provides  that  any  law  removing 
for  the  duration  of  a  war  or  national  emergency  any 
restriction  contained  in  any  then-existing  law  as  applied  to 
the  Navy  shall  operate  in  the  same  manner  to  remove  such 
restrictions  as  applied  to  the  Coast  Guard.  Included  are 
restrictions  relating  to  the  manner  in  which  purchases  may 
be  made  and  contracts  awarded,  fiscal  operations,  and  per- 
sonnel. This  provision  is  designed  to  enable  the  Coast 
Guard  to  operate  as  efficiently  as  the  Navy  Department  in 
time  of  war  or  during  a  national  emergency  and  would 
permit  the  Coast  Guard  more  effectively  to  maintain  itself 
in  a  state  of  military  readiness  during  periods  of  emer- 
gency. Since  the  Coast  Guard  operates  as  part  of  the  Navy 
in  time  of  war,  it  is  essential  that  its  operations  be  as  flexi- 

[Emphasls  supplied.] 


211 


ble  and  as  efficient  as  those  of  the  Department  of  which  it  is 
to  be  a  part.  This  section  would  prevent  inadvertent  fail- 
ures specifically  to  mention  the  Coast  Guard  in  legislation 
of  the  type  described  in  this  section  from  hindering  service 
operations. 


Title  15 — Commerce  and  Trade 


15  U.S.C.  76.  Retaliation  against  restriction  of  importations  in 

TIME  OF  WAR 

Whenever,  during  the  existence  of  a  war  in  which  the  United 
States  is  not  engaged,  the  President  shall  be  satisfied  that  there  is 
reasonable  ground  to  believe  that  under  the  laws,  regulations,  or 
practices  of  any  country,  colony,  or  dependency  contrary  to  the  law 
and  practice  of  nations,  the  importation  into  their  own  or  any  other 
country,  dependency,  or  colony  of  any  article  the  product  of  the  soil 
or  industry  of  the  United  States  and  not  injurious  to  health  or 
morals  is  prevented  or  restricted  the  President  is  authorized  and 
empowered  to  prohibit  or  restrict  during  the  period  such  prohibition 
or  restriction  is  in  force,  the  importation  into  the  United  States  of 
similar  or  other  articles,  products  of  such  country,  dependency,  or 
colony  as  in  his  opinion  the  public  interest  may  require ;  and  in  such 
case  he  shall  make  proclamation  stating  the  article  or  articles  which 
are  prohibited  from  importation  into  the  United  States;  and  any 
person  or  persons  who  shall  import,  or  attempt  or  conspire  to 
import,  or  be  concerned  in  importing,  such  article  or  articles,  into 
the  United  States  contrary  to  the  prohibition  in  such  proclamation, 
shall  be  liable  to  a  fine  of  not  less  than  $2,000  nor  more  than  $50,000, 
or  to  imprisonment  not  to  exceed  two  years,  or  both,  in  the  discre- 
tion of  the  court.  The  President  may  change,  modify,  revoke,  or 
renew  such  proclamation  in  his  discretion.  (Sept.  8,  1916,  ch.  463,  § 
805,  39  Stat.  799.) 


15  U.S.C.  77.  Discrimination  against  neutral  Americans  in  time 

OF  WAR 

Whenever,  during  the  existence  of  a  war  in  which  the  United 
States  is  not  engaged,  the-  President  shall  be  satisfied  that  there  is 
reasonable  ground  to  believe  that  any  vessel,  American  or  foreign,  is, 
on  account  of  the  laws,  regulations,  or  practices  of  a  belligerent 
Government,  making  or  giving  any  undue  or  unreasonable  prefer- 
ence or  advantage  in  any  respect  whatsoever  to  any  particular 
person,  company,  firm,  or  corporation,  or  any  particular  description 
of  traffic  in  the  United  States  or  its  possessions  or  to  any  citizens  of 
the  United  States  residing  in  neutral  countries  abroad,  or  is  subject- 

[Emphasis  supplied.] 


212 


ing  any  particular  person,  company,  firm,  or  corporation  or  any  par- 
ticular description  of  traffic  in  the  United  States  or  its  possessions, 
or  any  citizens  of  the  United  States  residing  in  neutral  countries 
abroad  to  any  undue  or  unreasonable  prejudice,  disadvantage, 
injury,  or  discrimination  in  regard  to  accepting,  receiving,  trans- 
porting, or  delivering,  or  refusing  to  accept,  receive,  transfer,  or 
deliver  any  cargo,  freight,  or  passengers,  or  in  any  other  respect 
whatsoever,  he  is  authorized  and  empowered  to  direct  the  detention 
of  such  vessels  by  withholding  clearance  or  by  formal  notice  forbid- 
ding departure,  and  to  revoke,  modify,  or  renew  any  such  direction. 

Whenever,  during  the  existence  of  a  war  in  which  the  United 
States  is  not  engaged,  the  President  shall  be  satisfied  that  there  is 
reasonable  ground  to  believe  that  under  the  laws,  regulations,  or 
practices  of  any  belligerent  country  or  Government,  American  ships 
or  American  citizens  are  not  accorded  any  of  the  facilities  of  com- 
merce which  the  vessels  or  citizens  of  that  belligerent  country  enjoy 
in  the  United  States  or  its  possessions,  or  are  not  accorded  by  such 
belligerent  equal  privileges  or  facilities  of  trade  with  vessels  or  citi- 
zens of  any  nationality  other  than  that  of  such  belligerent,  the  Pres- 
ident is  authorized  and  empowered  to  withhold  clearance  from  one 
or  more  vessels  of  such  belligerent  country  until  such  belligerent 
shall  restore  to  such  American  vessels  and  American  citizens  recipro- 
cal liberty  of  commerce  and  equal  facilities  of  trade;  or  the  Presi- 
dent may  direct  that  similar  privileges  and  facilities,  if  any,  enjoyed 
by  vessels  or  citizens  of  such  belligerent  in  the  United  States  or  its 
possessions  be  refused  to  vessels  or  citizens  of  such  belligerent;  and 
in  such  case  he  shall  make  proclamation  of  his  direction,  stating  the 
facilities  and  privileges  which  shall  be  refused,  and  the  belligerent 
to  whose  vessels  or  citizens  they  are  to  be  refused,  and  thereafter  the 
furnishing  of  such  prohibited  privileges  and  facilities  to  any  vessel 
or  citizen  of  the  belligerent  named  in  such  proclamation  shall  be 
unlawful ;  and  he  may  change,  modify,  revoke,  or  renew  such  procla- 
mation ;  and  any  person  or  persons  who  shall  furnish  or  attempt  or 
conspire  to  furnish  or  be  concerned  in  furnishing  or  in  the  conceal- 
ment of  furnishing  facilities  or  privileges  to  ships  or  persons  con- 
trary to  the  prohibition  in  such  proclamation  shall  be  liable  to  a  fine 
of  not  less  than  $2,000  nor  more  than  $50,000  or  to  imprisonment  not 
to  exceed  two  years,  or  both,  in  the  discretion  of  the  court. 

In  case  any  vessel  which  is  detained  by  virtue  of  sections  71  to  77 
of  this  title  shall  depart  or  attempt  to  depart  from  the  jurisdiction 
of  the  United  States  without  clearance  or  other  lawful  authority,  the 
owner  or  master  or  person  or  persons  having  charge  or  command  of 
such  vessel  shall  be  severally  liable  to  a  fine  of  not  less  than  $2,000 
nor  more  than  $10,000,  or  to  imprisonment  not  to  exceed  two  years, 
or  both,  and  in  addition  such  vessel  shall  be  forfeited  to  the  United 
States. 

The  President  of  the  United  States  is  authorised  and  empowered 
to  employ  such  part  of  the  land  or  naval  forces  of  the  United  States 
as  shall  be  necessary  to  carry  out  the  purposes  of  sections  71  to  77  of 
this  title.  (Sept.  8. 1016,  ch.  463,  §  806, 39  Stat.  799.) 

[Emphasis  supplied.] 


213 

Title  16 — Conservation 


16  U.S.C.  440.  Same;  closure  in  times  of  national  emergency 

The  Secretary  of  the  Interior  may,  in  case  of  a  national  emer- 
gency, close  the  said  Fort  McHenry  and  it  may  be  used  for  any  and 
all  military  purposes  during  the  period  of  the  emergency  and  for 
such  period  of  time  thereafter,  as  the  public  needs  may  require. 
(May  26,  1914,  ch.  100,  38  Stat.  382;  Mar.  3,  1925,  ch.  425,  43  Stat. 
1109;  Ex.  Ord.  No.  6166,  §  2,  June  10,  1933;  Ex.  Ord.  No.  6228,  §  1, 
July  28,  1933.) 

*  *  *  *  *  i  -* 


16  U.S.C.  590p.  Limitation  on  obligations  incurred  ;  Great  Plains 
Conservation  Service 

*  *  *  *  *  *  * 

(h)  Notwithstanding  any  other  provision  of  law — 
(1)  For  the  1964  crop  and  the  1965  crop  of  feed  grains,  if  the 
Secretary  determines  that  the  total  supply  of  feed  grains  will,  in  the 
absence  of  an  acreage  diversion  program,  likely  be  excessive,  taking 
into  account  the  need  for  an  adequate  carryover  to  maintain  reason- 
able and  stable  supplies  and  prices  of  feed  grains  and  to  meet  any 
national  emergency,  he  may  formulate  and  carry  out  an  acreage 
diversion  program  for  feed  grains,  without  regard  to  provisions 
which  would  be  applicable  to  the  regular  agricultural  conservation 
program,  under  which,  subject  to  such  terms  and  conditions  as  the 
Secretary  determines,  conservation  payments  in  amounts  determined 
by  the  Secretary  to  be  fair  and  reasonable  shall  be  made  to  produc- 
ers who  divert  acreage  from  the  production  of  feed  grains  to  an 
approved  conservation  use  and  increase  their  average  acreage  of 
crop-land  devoted  in  1959  and  1960  to  designated  soil-conserving 
crops  or  practices  including  summer  fallow  and  idle  land  by  an 
equal  amount.  Payments  shall  not  be  made  in  amounts  in  excess  of 
50  per  centum  of  the  estimated  basic  county  support  rate,  including 
that  part  of  the  support  price  made  available  through  payments  in 
kind,  on  the  normal  production  of  the  acreage  diverted  from  the 
commodity  on  the  farm  based  on  its  adjusted  average  yield  per  acre. 
Notwithstanding  the  foregoing  provisions,  the  Secretary  may  permit 
such  diverted  acreage  to  be  devoted  to  the  production  of  guar, 
sesame,  safflower,  sunflower,  castor  beans,  mustard  seed,  and  flax,  if 
he  determines  that  such  crops  are  not  in  surplus  supply  and  will  not 
be  in  surplus  supply  if  permitted  to  be  grown  on  the  diverted 
acreage,  subject  to  the  condition  that  payment  with  respect  to 
diverted  acreage  devoted  to  any  such  crop  shall  be  at  a  rate  deter- 
mined by  the  Secretary  to  be  fair  and  reasonable,  taking  into  consid- 
eration the  use  of  such  acreage  for  the  production  of  such  crops,  but 
in  no  event  shall  the  payment  exceed  one-half  the  rate  which  would 

[Emphasis  supplied.] 


214 


otherwise  be  applicable  if  such  acreage  were  devoted  to  co°ser™'5  ™ 
uses,  and  no  price  support  shall  be  made  available  for  the  proauc- 
tion  of  any  such  crop  on  such  diverted  acreage.  The  base  period  lor 
the  purpose  of  determining  the  adjusted  average  yield  in  the  case  of 
payments  with  respect  to  the  1964  crop  shall  be  the  four-year  P6™? 
1959-1962,  and  in  the  case  of  payments  with  respect  to  the  1965 
crop  shall  be  the  five-year  period  1959-1963.  The  term  "feed  grams 
means  corn,  grain  sorghums,  barley,  and,  if  for  any  crop  the  pro- 
ducer so  requests  for  purposes  of  having  acreage  devoted  to  the  pro- 
duction of  what  considered  as  devoted  to  the  production  of  feed 
grains,  pursuant  to  the  provisions  of  section  328  of  the  Food  and 
Agriculture  Act  of  1962,  the  term  "feed  grains"  shall  include  oats 
and  rye:  Provided,  That  acreages  of  corn,  grain  sorghums,  and 
barley  shall  not  be  planted  in  lieu  of  acreages  of  oats  and  rye:  Pro- 
vided further,  That  the  acreage  devoted  to  the  production  of  wheat 
shall  not  be  considered  as  an  acreage  of  feed  grains  for  purposes  of 
establishing  the  feed  grain  base  acreage  for  the  farm  for  subsequent 
crops.  Such  feed  grain  diversion  program  shall  require  the  producer 
to  take  such  measures  as  the  Secretary  may  deem  appropriate  to 
keep  such  diverted  acreage  free  from  erosion,  insects,  weeds,  and 
rodents.  The  acreage  eligible  for  participation  in  the  program  shall 
be  such  acreage  (not  to  exceed  50  per  centum  of  the  average  acreage 
on  the  farm  devoted  to  feed  grains  in  the  crop  years  1959  and  1960 
or  twnety-five  acres,  whichever  is  greater)  as  the  Secretary  deter- 
mines necessary  to  achieve  the  acreage  reduction  goal  for  the  crop. 
Payments  shall  be  made  in  kind.  The  average  acreage  of  wheat  pro- 
duced on  the  farm  during  the  crop  years  1959,  1960,  and  1961,  pur- 
suant to  the  exemption  provided  in  section  335(f)  of  the  Agricul- 
tural Adjustment  Act  of  1938,  prior  to  its  repeal  by  the  Food  and 
Agriculture  Act  of  1962,  in  excess  of  the  small  farm  base  acreage 
for  wheat  established  under  section  1335  of  Title  7,  shall  be  consid- 
ered as  an  acreage  of  feed  grains  produced  in  the  crop  years  of  1959 
and  1960  for  purposes  of  establishing  the  feed  grain  base  acreage  for 
the  farm,  and  the  rate  of  payment  for  diverting  such  wheat  shall  be 
an  amount  determined  by  the  Secretary  to  be  fair  and  reasonable  in 
relation  to  the  rates  of  payment  for  diverting  feed  grains.  The  Sec- 
retary may  make  such  adjustments  in  acreage  and  yields  as  he  deter- 
mines necessary  to  correct  for  abnormal  factors  affecting  production, 
and  to  give  due  consideration  to  tillable  acreage,  crop-rotation  prac- 
tices, types  of  soil,  soil  and  water  conservation  measures,  and 
topography.  To  the  extent  that  a  producer  proves  the  actual 
acreages  and  yields  for  the  farm,  such  acreages  and  yields  shall  be 
used  in  making  determinations.  Notwithstanding  any  other  provision 
of  this  subsection  (^(l),1  the  Secretary  may,  upon  unanimous 
request  of  the  State  committee  established  pursuant  to  section 
590h(b)  of  this  title,  adjust  the  feed  grain  bases  for  farms  within 
any  State  or  county  to  the  extent  he  determines  such  adjustment  to 
be  necessary  in  order  to  establish  fair  and  equitable  feed  grain  bases 
for  farms  within  such  State  or  county.  The  Secretary  may  make  not 


1  So  In  original.  There  is  no  subsection  (I)  (1) ,-  probably  should  be  "subsec- 
tion (h)(1)." 


215 


to  exceed  50  per  centum  of  any  payments  to  producers  in  advance  of 
determination  of  performance :  Provided,  That  in  no  event  shall  the 
Secretary  in  the  crop  years  1964  or  1965  make  payments  to  any  pro- 
ducers under  this  subsection  and  under  section  105(d)  of  the  Agri- 
cultural Act  of  1949,  as  amended,  in  excess  of  20  per  centum  of  the 
fair  market  value  of  any  acreage  involved.  Notwithstanding  any 
other  provision  of  this  subsection  (h)(1),  barley  shall  not  be 
included  in  the  program  for  a  producer  of  malting  barley  exempted 
pursuant  to  section  105(d)  of  the  Agricultural  Act  of  1949  who  par- 
ticipates only  with  respect  to  corn  and  grain  sorghums  and  does  not 
knowingly  devote  an  acreage  on  the  farm  to  barley  in  excess  of  110 
per  centum  of  the  average  acreage  devoted  on  the  farm  to  barley  in 
1959  and  1960. 

(2)  Notwithstanding  any  other  provision  of  this  subsection,  not  to 
exceed  1  per  centum  of  the  estimated  total  feed  grain  bases  for  all 
farms  in  a  State  for  any  year  may  be  reserved  from  the  feed  grain 
bases  established  for  farms  in  the  State  for  apportionment  to  farms 
on  which  there  were  no  acreages  devoted  to  feed  grains  in  the  crop 
years  1959  and  1960  on  the  basis  of  the  following  factors:  Suitabil- 
ity of  the  land  for  the  production  of  feed  grains,  the  past  experience 
of  the  farm  operator  in  the  production  of  feed  grains,  the  extent  to 
which  the  farm  operator  is  dependent  on  income  from  farming  for 
his  livelihood,  the  production  of  feed  grains  on  other  farms  owned, 
operated,  or  controlled  by  the  farm  operator,  and  such  other  factors 
as  the  Secretary  determines  should  be  considered  for  the  purpose  of 
establishing  fair  and  equitable  feed  grain  bases.  An  acreage  equal  to 
the  feed  grain  base  so  established  for  each  farm  shall  be  deemed  to 
have  been  devoted  to  feed  grains  on  the  farm  in  each  of  the  crop 
years  1959  and  1960  for  purposes  of  this  subsection  except  that  pro- 
ducers on  such  farm  shall  not  be  eligible  for  conservation  payments 
for  the  first  year  for  which  the  feed  grain  base  is  established. 

(3)  There  are  hereby  authorized  to  be  appropriated  such  amounts 
as  may  be  necessary  to  enable  the  Secretary  to  carry  out  this  subsec- 
tion. 

(4)  The  Secretary  shall  provide  by  regulations  for  the  sharing  of 
payments  under  this  subsection  among  producers  on  the  farm  on  a 
fair  and  equitable  basis  and  in  keeping  with  existing  contracts. 

(5)  Payments  in  kind  shall  be  made  through  the  issuance  of  nego- 
tiable certificates  which  the  Commodity  Credit  Corporation  shall 
redeem  for  feed  grains  and,  notwithstanding  any  other  provision  of 
law,  the  Commodity  Credit  Corporation  shall,  in  accordance  with 
regulations  prescribed  by  the  Secretary,  assist  the  producer  in  the 
marketing  of  such  certificates.  In  the  case  of  any  certificate  not  pre- 
sented for  redemption  within  thirty  days  of  the  date  of  its  issuance, 
reasonable  costs  of  storage  and  other  carrying  charges,  as  deter- 
mined by  the  Secretary,  for  the  period  beginning  thirty  days  after 
its  issuance  and  ending  with  the  date  of  its  presentation  for  redemp- 
tion shall  be  deducted  from  the  value  of  the  certificate.  Feed  grains 
with  which  Commodity  Credit  Corporation  redeems  certificates  pur- 
suant to  this  paragraph  shall  be  valued  at  not  less  than  the  current 
support  price,  minus  that  part  of  the  current  support  price  made 


216 


available  through  payments  in  kind,  plus  reasonable  carrying 

(ef^otwithstanding  any  other  provision  of  law,  the  Secretary 
may,  by  mutual  agreement  with  the  producer,  terminate  or  modify 
any  agreement  previously  entered  into  pursuant  to  this  subsection  if 
he  determines  such  action  necessary  because  of  am,  emergency  created 
by  drought  or  other  disaster  or  in  order  to  prevent  or  alleviate  a 
shortage  in  the  supply  of  feed  grains. 

(i)  Notwithstanding  any  other  provision  of  law — 

(1)  For  the  1966  through  1970  crops  of  feed  grains,  if  the 
Secretary  determines  that  the  total  supply  of  feed  grains  will, 
in  the  absence  of  an  acreage  diversion  program,  likely  be  exces- 
sive, taking  into  account  the  need  for  an  adequate  carryover  to 
maintain  reasonable  and  stable  supplies  and  prices  of  feed 
grains  and  to  meet  any  national  emergency,  he  may  formulate 
and  carry  out  an  acreage  diversion  program  for  feed  grains, 
without  regard  to  provisions  which  would  be  applicable  to  the 
regular  agricultural  conservation  program,  under  which,  subject 
to  such  terms  and  conditions  as  the  Secretary  determines,  con- 
servation payments  shall  be  made  to  producers  who  divert 
acreage  from  the  production  of  feed  grains  to  an  approved  con- 
servation use  and  increase  their  average  acreage  of  cropland 
devoted  in  1959  and  1960  to  designated  soil-conserving  crops  or 
practices  including  summer  fallow  and  idle  land  by  an  equal 
amount.  Payments  shall  be  made  at  such  rate  or  rates  as  the 
Secretary  determines  will  provide  producers  with  a  fair  and 
reasonable  return  for  the  acreage  diverted,  but  not  in  excess  of 
50  per  centum  of  the  estimated  basic  county  support  rate, 
including  the  lowest  rate  of  payment-in-kind,  on  the  normal 
production  of  the  acreage  diverted  from  the  commodity  on  the 
farm  based  on  the  farm  projected  yield  per  acre.  Notwithstand- 
ing the  foregoing  provisions,  the  Secretary  may  permit  all  or 
any  part  of  such  diverted  acreage  to  be  devoted  to  the  produc- 
tion of  guar,  sesame,  safflower,  sunflower,  castor  beans,  mustard 
seed,  crambe,  plantago  ovato,  and  flaxseed,  if  he  determines  that 
such  production  of  the  commodity  is  needed  to  provide  an  ade- 
quate supply,  is  not  likely  to  increase  tile  cost  of  the  price  sup- 
port program,  and  will  not  adversely  affect  farm  income  subject 
to  the  condition  that  payment  with  respect  to  diverted  acreage 
devoted  to  any  such  crop  shall  be  at  a  rate  determined  by  the 
Secretary  to  be  fair  and  reasonable,  taking  into  consideration 
the  use  of  such  acreage  for  the  production  of  such  crops,  but  in 
no  event  shall  the  payment  exceed  one-half  the  rate  which  other- 
wise would  be  applicable  if  such  acreage  were  devoted  to  con- 
servation uses.  The  term  "feed  grains"  means  corn,  grain  sor- 
ghums, and,  if  designated  by  the  Secretary,  barley,  and  if  for  any 
crop  the  producer  so  requests  for  purposes  of  having  acreage 
devoted  to  the  production  of  wheat  considered  as  devoted  to  the 
production  of  feed  grains,  pursuant  to  the  provisions  of  section 
1339c  of  Title  7,  the  term  "feed  grains"  shall  include  oats  and 
[Emphasis  supplied.] 


217 


rye  and  barley  if  not  designated  by  the  Secretary  as  provided 
above:  Provided,  That  acreages  of  corn,  grain  sorghums,  and, 
if  designated  by  the  Secretary,  barley,  shall  not  be  planted  in 
lieu  of  acreages  of  oats  and  rye  and  barley  if  not  designated  by 
the  Secretary  as  provided  above:  Provided  further,  That  the 
acreage  devoted  to  the  production  of  wheat  shall  not  be  consid- 
ered as  an  acreage  of  feed  grains  for  purposes  of  establishing 
the  feed  grain  base  acreage  for  the  farm  for  subsequent  crops. 
Such  feed  grain  diversion  programs  shall  require  the  producer 
to  take  such  measures  as  the  Secretary  may  deem  appropriate  to 
keep  such  diverted  acreage  free  from  erosion,  insects,  weeds,  and 
rodents.  The  acreage  eligible  for  participation  in  the  program 
shall  be  such  acreage  (not  to  exceed  50  per  centum  of  the  aver- 
age acreage  on  the  farm  devoted  to  feed  grains  in  the  crop  years 
1959  and  1960  or  twenty-five  aereas,  whichever  is  greater)  as  the 
Secretary  determines  necessary  to  achieve  the  acreage  reduction 
goal  for  the  crop.  Payments  shall  be  made  in  kind.  The  acreage 
of  wheat  produced  on  the  farm  during  the  crop  years  1959, 
1960,  and  1961,  pursuant  to  the  exemption  provided  in  section 
1335(f)  of  the  Title  7,  prior  to  its  repeal  by  the  Food  and  Agri- 
culture Act  of  1962,  in  excess  of  the  small  farm  base  acreage  for 
wheat  established  under  section  1335  of  Title  7,  may  be  taken 
into  consideration  in  establishing  the  feed  grain  base  acreage 
for  the  farm.  The  Secretary  may  make  such  adjustments  in 
acreage  as  he  determines  necessary  to  correct  for  abnormal  fac- 
tors affecting  production,  and  to  give  due  consideration  to  tilla- 
ble acreage,  crop-rotation  practices,  types  of  soil,  soil  and  water 
conservation  measures,  and  topography.  Notwithstanding  any 
other  provision  of  this  subsection  (i)(l),  the  Secretary  may, 
upon  unanimous  request  of  the  State  committee  established  pur- 
suant to  section  590h(b)  of  this  title,  adjust  the  feed  grain  bases 
for  farms  within  any  State  or  county  to  the  extent  he  deter- 
mines such  adjustment  to  be  necessary  in  order  to  establish  fair 
and  equitable  feed  grain  bases  for  farms  within  such  State  or 
county.  The  Secretary  may  make  not  to  exceed  50  per  centum  of 
any  payments  to  producers  in  advance  of  determination  of  per- 
formance. Notwithstanding  any  other  provision  of  this  subsec- 
tion, barley  shall  not  be  included  in  the  program  for  a  producer 
of  malting  barley  exempted  pursuant  to  section  105(e)  of  the 
Agricultural  Act  of  1949,  who  participates  only  with  respect  to 
corn  and  grain  sorghums  and  does  not  knowingly  devote  an 
acreage  on  the  farm  to  barley  in  excess  of  110  per  centum  of 
the  average  acreage  devoted  on  the  farm  to  barley  in  1959  and 
1960. 

(2)  Notwithstanding  any  other  provision  of  this  subsection, 
not  to  exceed  1  per  centum  of  the  estimated  total  feed  grain 
base  for  all  farms  in  a  State  for  any  year  may  be  reserved  from 
the  feed  grain  bases  established  for  farms  in  the  State  for 
apportionment  to  farms  on  which  there  were  no  acreages 
devoted  to  feed  grains  in  the  crop  years  1959  and  1960  on  the 


218 


basis  of  the  following  factors:  Suitability  of  the  land  for  the 
production  of  feed  grains,  the  past  experience  of  the  farm  °Pe/'" 
ator  in  the  production  of  feed  grains,  the  extent  to  which  the 
farm  operator  is  dependent  on  income  from  farming  for  his  live- 
lihood, the  production  of  feed  grains  on  other  farms  owned, 
operated,  or  controlled  by  the  farm  operator,  and  such  other 
factors  as  the  Secretary  determines  should  be  considered  for  the 
purpose  of  establishing  fair  and  equitable  feed  grain  bases.  An 
acreage  equal  to  the  feed  grain  base  so  established  for  each  farm 
shall  be  deemed  to  have  been  devoted  to  feed  grains  on  the  farm 
in  each  of  the  crop  years  1959  and  1960  for  purposes  of  this 
subsection  except  that  producers  on  such  farm  shall  not  be  eligi- 
ble for  conservation  payments  for  the  first  year  for  which  the 


(3)  There  are  hereby  authorized  to  be  appropriated  such 
amounts  as  may  be  necessary  to  enable  the  Secretary  to  carry 
out  this  subsection  (i). 

(4)  The  Secretary  shall  provide  by  regulations  for  the  shar- 
ing of  payments  under  this  subsection  among  producers  on  the 
farm  on  a  fair  and  equitable  basis  and  in  keeping  with  existing 
contracts. 

(5)  Payments  in  kind  shall  be  made  through  the  issuance  of 
negotiable  certificates  which  the  Commodity  Credit  Corporation 
shall  redeem  for  feed  grains  in  accordance  with  regulations  pre- 
scribed by  the  Secretary  and,  notwithstanding  any  other  provi- 
sion of  law,  the  Commodity  Credit  Corporation  shall,  in  accord- 
ance with  regulations  prescribed  by  the  Secretary,  assist  the 
producer  in  the  marketing  of  such  certificates.  Feed  grains  with 
which  Commodity  Credit  Corporation  redeems  certificates  pur- 
suant to  this  paragraph  shall  be  valued  at  not  less  than  the  cur- 
rent support  price  made  available  through  loans  and  purchases, 
plus  reasonable  carrying  charges. 

(6)  Notwithstanding  any  other  provision  of  law,  the  Secre- 
tary may,  by  mutual  agreement  with  the  producer,  terminate  or 
modify  any  agreement  previously  entered  into  pursuant  to  this 
subsection  if  he  determines  such  action  necessary  because  of  an 
emergency  created  hy  drought  or  other  disaster,  or  in  order  to 
prevent  or  alleviate  a  shortage  in  the  supply  of  feed  grains. 


(Apr.  27, 1935,  ch.  85,  §  16,  as  added  Feb.  29,  1936,  ch.  104,  §  1,  49 
Stat.  1151,  and  amended  Aug.  7,  1956,  ch.  1030,  §  1,  70  Stat.  1115; 
Sept.  14,  19G0,  Pub.  L.  86-793,  §  1,  74  Stat.  1030;  Mar.  22,  1961, 
Pul).  I..  87-5,  §  2,  75  Stat.  6;  Aug.  8,  1961,  Pub.  L.  87-128,  title  I, 
§  132,  title  IV,  §  401,  75  Stat.  302,  319;  Mar.  30,  1962,  Pub.  L. 
87-425,  §  2,  76  Stat.  50;  May  15,  1962,  Pub.  L.  87^51,  §  4,  76  Stat. 
70;  Sept.  27,  1962,  Pub.  L.  87-703,  title  I,  §  101  (4),  (5).  title  III, 
§302,  76  Stat.  606,  612;  May  20,  1963,  Pub.  L.  88-26,  §3,  77  Stat. 
45.)  Nov.  3.  1965,  Pub.  L.  89-321.  title  III,  §302,  title  VI, 
§  602(g),  79  Stat.  1190,  1208;  Oct.  11, 1968,  Pub.  L.  90-559,  §  1(1)  82 
Stat.  996;  Nov.  18,  1969,  Pub.  L.  91-118,  §§  1-3,  83  Stat.  1.94,  195- 
Nov.  30, 1970,  Pub.  L.  91-524,  title  VIII,  §801,  84  Stat.  1379.) 


[Emphasis  supplied.] 


219 


16  U.S.C.  809.  Temporary  use  by  Government  of  project  works 

FOR  NATIONAL  SAFETY ;  COMPENSATION  FOR  USE 

When  in  the  opinion  of  the  President  of  the  United  States,  evi- 
denced by  a  written  order  addressed  to  the  holder  of  any  license 
under  this  chapter,  the  safety  of  the  United  States  demands  it,  the 
United  States  shall  have  the  right  to  enter  upon  and  take  possession 
of  any  project  or  part  thereof,  constructed,  maintained,  or  operated 
under  said  license,  for  the  purpose  of  manufacturing  nitrates,  explo- 
sives, or  munitions  of  war,  or  for  any  other  purpose  involving  the 
safety  of  the  United  States,  to  retain  possession,  management,  and 
control  thereof  for  such  length  of  time  as  may  appear  to  the  Presi- 
dent to  be  necessary  to  accomplish  said  purposes,  and  then  to  restore 
possession  and  control  to  the  party  or  parties  entitled  thereto;  and 
in  the  event  that  the  United  States  shall  exercise  such  right  it  shall 
pay  to  the  party  or  parties  entitled  thereto  just  and  fair  compensa- 
tion for  the  use  of  said  property  as  may  be  fixed  by  the  commission 
upon  the  basis  of  a  reasonable  profit  in  time  of  peace,  and  the  cost  of 
restoring  said  property  to  as  good  condition  as  existed  at  the  time  of 
the  taking  over  thereof,  less  the  reasonable  value  of  any  improve- 
ments that  may  be  made  thereto  by  the  United  States  and  which  are 
valuable  and  serviceable  to  the  licensee.  (June  10,  1920,  ch.  285,  §  16, 
41  Stat.  1072.) 


16  U.S.C.  824a.  Interconnection  and  coordination  of  facilities; 
emergencies;  transmission  to  foreign  countries 

(a)  Regional  districts;  establishment;  notice  to  State  commissions. 
For  the  purpose  of  assuring  an  abundant  supply  of  electric  energy 

throughout  the  United  States  with  the  greatest  possible  economy  and 
with  regard  to  the  proper  utilization  and  conservation  of  natural  re- 
sources, the  Commission  is  empowered  and  directed  to  divide  the  coun- 
try into  regional  districts  for  the  voluntary  interconnection  and  co- 
ordination of  facilities  for  the  generation,  transmission,  and  sale  of 
electric  energy,  and  it  may  at  any  time  thereafter,  upon  its  own  mo- 
tion or  upon  application,  make  such  modifications  thereof  as  in  its 
judgment  will  promote  the  public  interest.  Each  such  district  shall 
embrace  an  area  which,  in  the  judgment  of  the  Commission,  can  eco- 
nomically be  served  by  such  interconnected  and  coordinated  electric 
facilities.  It  shall  be  the  duty  of  the  Commission  to  promote  and  en- 
courage such  interconnection  and  coordination  within  each  such  dis- 
trict and  between  such  districts.  Before  establishing  any  such  district 
and  fixing  or  modifying  the  boundaries  thereof  the  Commission  shall 
give  notice  to  the  State  commission  of  each  State  situated  wholly  or  in 
part  within  such  district,  and  shall  afford  each  such  State  commission 
reasonable  opportunity  to  present  its  views  and  recommendations,  and 
shall  receive  and  consider  such  views  and  recommendations. 

(b)  Sale  or  exchange  of  energy;  establishing  physical  connections. 

Whenever  the  Commission,  upon  application  of  any  State  commis- 
sion or  of  any  person  engaged  in  the  transmission  or  sale  of  electric 
energy,  and  after  notice  to  each  State  commission  and  public  utility 

[Emphasis  supplied.] 


220 


affected  and  after  opportunity  for  hearing,  finds  such  action  necessary 
or  appropriate  in  the  public  interest  it  may  by  order  direct  a  public 
utility  (if  the  Commission  finds  that  no  undue  burden  will  be  placed 
upon' such  public  utility  thereby)  to  establish  physical  connection  of 
its  transmission  facilities  with  the  facilities  of  one  or  more  other  per- 
sons engaged  in  the  transmission  or  sale  of  electric  enersry,  to  sell  energy 
to  or  exchange  energy  with  such  persons :  Provided,  That  the  commis- 
sion shall  have  no  authority  to  compel  the  enlargement  of  generating 
facilities  for  such  purposes,  nor  to  compel  such  public  utility  to  sell  or 
exchange  energy  when  to  do  so  would  impair  its  ability  to  render  ade- 
quate service  to  its  customers.  The  Commission  may  prescribe  the 
terms  and  conditions  of  the  arrangement  to  be  made  between  the  per- 
sons affected  by  any  such  order,  including  the  apportionment  of  cost 
between  them  and  the  compensation  or  reimbursement  reasonably  due 
toanyof  them.  j 

(c)  Temporary  connection  and  exchange  of  facilities  during 
emergency.  _  . 

During  the  continuance  of  any  war  in  which  the  United  States  is 
engaged,  or  whenever  the  Commission  determines  that  an  emergency 
exists  by  reason  of  a  sudden  increase  in  the  demand  for  electric  en- 
ergy, or  a  shortage  of  electric  energy  or  of  facilities  for  the  generation 
or  transmission  of  electric  energy,  or  of  fuel  or  water  for  generating 
facilities,  or  other  causes,  the  Commission  shall  have  authority,  either 
upon  its  own  motion  or  upon  complaint,  with  or  without  notice,  hear- 
ing, or  report,  to  require  by  order  such  temporary  connections  of  facili- 
ties and  such  generation,  delivery,  interchange,  or  transmission  of 
electric  energy  as  in  its  judgment  will  best  meet  the  emergency  and 
serve  the  public  interest.  If  the  parties  affected  by  such  order  fail  to 
agree  upon  the  terms  of  any  arrangement  between  them  in  carrying 
out  such  order,  the  Commission,  after  hearing  held  either  before  or 
after  such  order  takes  effect,  may  prescribe  by  supplemental  order  such 
terms  as  it  finds  to  be  just  and  reasonable,  including  the  compensation 
or  reimbursement  which  should  be  paid  to  or  by  any  such  party. 

(d)  Temporary  connection  during  emergency  by  persons  without 
jurisdiction  of  Commission. 

During  the  continuance  of  any  emergency  requiring  immediate  ac- 
tion, any  person  engaged  in  the  transmission  or  sale  of  electric  energy 
and  not  otherwise  subject  to  the  jurisdiction  of  the  Commission  may 
make  such  temporary  connections  with  any  public  utility  subject  to 
the  jurisdiction  of  the  Commission  or  may  construct  such  temporary 
facilities  for  the  transmission  of  electric  energy  in  interstate  commerce 
as  may  be  necessary  or  appropriate  to  meet  such  emergency,  and  shall 
not  become  subject  to  the  jurisdiction  of  the  Commission  by  reason  of 
such  temporary  connection  or  temporary  construction :  Provided,  That 
such  temporary  connection  shall  be  discontinued  or  such  temporary 
construction  removed  or  othrewise  disposed  of  upon  the  termination 
of  such  emergency:  Provided  further,  That  upon  approval  of  the 
Commission  permanent  connections  for  emergency  use  only  may  be 
made  hereunder. 

(e)  Transmission  of  electric  energy  to  foreign  country. 

After  six  months  from  August  26,  1935,  no  person  shall  transmit 
any  electric  energy  from  the  United  States  to  a  foreign  country  with 


221 


out  first  having  secured  an  order  of  the  Commission  authorizing  it 
to  do  so.  The  Commission  shall  issue  such  order  upon  application  un- 
less, after  opportunity  for  hearing,  it  finds  that  the  proposed  trans- 
mission would  impair  the  sufficiency  of  electric  supply  within  the 
United  States  or  would  impede  or  tend  to  impede  the  coordination  in 
the  public  interest  of  facilities  subject  to  the  jurisdiction  of  the  Com- 
mission. The  Commission  may  by  its  order  grant  such  application  in 
whole  or  in  part,  with  such  modifications  and  upon  such  terms  and 
conditions  as  the  Commission  may  find  necessary  or  appropriate,  and 
may  from  time  to  time,  after  opportunity  for  hearing  and  for  good 
cause  shown,  make  such  supplemental  orders  in  the  premises  as  it  may 
find  necessary  or  appropriate. 

(f )  Transmission  or  sale  at  wholesale  of  electric  energy ;  regulation. 

The  ownership  or  operation  of  facilities  for  the  transmission  or 
sale  at  wholesale  of  electric  energy  which  is  (a)  generated  within  a 
State  and  transmitted  from  that  State  across  an  international  bound- 
ary and  not  thereafter  transmitted  into  any  other  State,  or  (b)  gen- 
erated in  a  foreign  country  and  transmitted  across  an  international 
boundary  into  a  State  and  not  thereafter  transmitted  into  any  other 
State,  shall  not  make  a  person  a  public  utility  subject  to  regulation 
as  such  under  other  provisions  of  this  subchapter.  The  State  within 
which  any  such  facilities  are  located  may  regulate  any  such  transac- 
tion insofar  as  such  State  regulation  does  not  conflict  with  the  exercise 
of  the  Commission's  powers  under  or  relating  to  subsection  (e)  of  this 
section.  (June  10, 1920,  ch.  285,  §  202.  as  added  Aug.  26, 1935,  ch.  687, 
title  II,  §  213,  49  Stat.  847,  and  amended  Aug.  7, 1953,  ch.  343,  67  Stat. 
461.) 


[Chapter  12A — Tennessee  Valley  Authority] 
16  U.S.C.  831d.  Directors;  maintenance  and  operation  of  plant 

FOR  PRODUCTION,  SALE,  AND  DISTRIBUTION  OF  FERTILIZER  AND  POWER 

The  board  is  authorized — 

(a)  To  contract  with  commercial  producers  for  the  production  of 
such  fertilizers  or  fertilizer  materials  as  may  be  needed  in  the  Gov- 
ernment's program  of  development  and  introduction  in  excess  of 
that  produced  by  Government  plants.  Such  contracts  may  provide 
either  for  outright  purchase  of  materials  by  the  board  or  only  for 
the  payment  of  carrying  charges  on  special  materials  manufactured 
at  the  board's  request  for  its  program. 

(b)  To  arrange  with  farmers  and  farm  organizations  for  large- 
scale  practical  use  of  the  new  forms  of  fertilizers  under  conditions 
permitting  an  accurate  measure  of  the  economic  return  they  produce. 

(c)  To  cooperate  with  National,  State,  district,  or  county  experi- 
mental stations  or  demonstration  farms,  with  farmers,  landowners, 
and  associations  of  farmers  or  landowners,  for  the  use  of  new  forms 
of  fertilizer  or  fertilizer  practices  during  the  initial  or  experimental 
period  of  their  introduction,  and  for  promoting  the  prevention  of 
soil  erosion  by  the  use  of  fertilizers  and  otherwise. 

(d)  The  board,  in  order  to  improve  and  cheapen  the  production 
of  fertilizer,  is  authorized  to  manufacture  and  sell  fixed  nitrogen, 


24-509  O  -  73  -  16 


222 


fertilizer,  and  fertilizer  ingredients  at  Muscle  Shoals  by  the  employ- 
ment of  existing  facilities,  by  modernizing  existing  plants,  or  by  any 
other  process  or  processes  that  in  its  judgment  shall  appear  wise  and 
profitable  for  the  fixation  of  atmospheric  nitrogen  or  the  cheapening 
of  the  production  of  fertilizer. 

(e)  Under  the  authority  of  this  chapter  the  board  may  make 
donations  or  sales  of  the  product  of  the  plant  or  plants  operated  by 
it  to  be  fairly  and  equitably  distributed  through  the  agency  of 
county  demonstration  agents,  agricultural  colleges,  or  otherwise  as 
the  board  may  direct,  for  experimentation,  education,  and  introduc- 
tion of  the  use  of  such  products  in  cooperation  with  practical  farm- 
ers so  as  to  obtain  information  as  to  the  value,  effect,  and  best  meth- 
ods of  their  use. 

(f)  The  board  is  authorized  to  make  alterations,  modifications,  or 
improvements  in  existing  plants  and  facilities,  and  to  construct  new 
plants. 

(g)  In  the  event  it  is  not  used  for  the  fixation  of  nitrogen  for 
agricultural  purposes  or  leased,  then  the  board  shall  maintain  in 
stand-by  condition  nitrate  plant  numbered  2,  or  its  equivalent,  for 
the  fixation  of  atmospheric  nitrogen,  for  the  production  of  explo- 
sives in  the  event  of  war  or  a  national  emergency,  until  the  Congress 
shall  by  joint  resolution  release  the  board  from  this  obligation,  and 
if  any  part  thereof  be  used  by  the  board  for  the  manufacture  of 
phosphoric  acid  or  potash,  the  balance  of  nitrate  plant  numbered  2 
shall  be  kept  in  stand-by  condition. 

(h)  To  establish,  maintain,  and  operate  laboratories  and  experi- 
mental plants,  and  to  undertake  experiments  for  the  purpose  of  ena- 
bling the  Corporation  to  furnish  nitrogen  products  for  military  pur- 
poses, and  nitrogen  and  other  fertilizer  products  for  agricultural 
purposes  in  the  most  economical  manner  and  at  the  highest  standard 
of  efficiency. 

(i)  To  request  the  assistance  and  advice  of  any  officer,  agent,  or 
employee  of  any  executive  department  or  of  any  independent  office 
of  the  United  States,  to  enable  the  Corporation  the  better  to  carry 
out  its  powers  successfully,  and  as  far  as  practicable  shall  utilize  the 
services  of  such  officers,  agents,  and  employees,  and  the  President 
shall,  if  in  his  opinion  the  public  interest,  service,  or  economy  so 
require,  direct  that  such  assistance,  advice,  and  service  be  rendered 
to  the  Corporation,  and  any  individual  that  may  be  by  the  President 
directed  to  render  such  assistance,  advice,  and  service  shall  be  there- 
after subject  to  the  orders,  rules,  and  regulations  of  the  board:  Pro- 
vided. That  any  invention  or  discovery  made  by  virtue  of  and  inci- 
dental to  such  service  by  an  employee  of  the  Government  of  the 
United  States  serving  under  this  section,  or  by  any  employee  of  the 
Corporation,  together  with  any  patents  which  may  be  granted 
thereon,  shall  be  the  sole  and  exclusive  property  of  the  Corporation, 
which  is  authorized  to  grant  such  licenses  thereunder  as  shall  be 
authorized  by  the  board :  Provided  further,  That  the  board  may  pay 
to  such  inventor  such  sum  from  the  income  from  sale  of  licenses  as 
it  may  deem  proper. 

(j)  Upon  the  requisition  of  the  Secretary  of  the  Army  or  the  Sec- 
retary of  the  Navy  to  manufacture  for  and  sell  at  cost  to  the  United 
States  explosives  or  their  nitrogenous  content. 


223 


(k)  Upon  the  requisition  of  the  Secretary  of  the  Army,  the  Cor- 
poration shall  allot  and  deliver  without  charge  to  the  Department  of 
the  Army  so  much  power  as  shall  be  necessary  in  the  judgment  of 
said  Department  for  use  in  operation  of  all  locks,  lifts,  or  other 
facilities  in  aid  of  navigation. 

(1)  To  produce,  distribute,  and  sell  electric  power,  as  herein  par- 
ticularly specified. 

(m)  No  products  of  the  Corporation  except  ferrophosphorus  shall 
be  sold  for  use  outside  of  the  United  States,  its  Territories  and  pos- 
sessions, except  to  the  United  States  Government  for  the  use  of  its 
Army  and  Navy,  or  to  its  allies  in  case  of  war  or,  until  six  months 
after  the  termination  of  the  national  emergency  proclaimed  by  the 
President  on  December  16,  1950,  or  until  such  earlier  date  or  dates 
as  the  Congress  by  concurrent  resolution  or  the  President  may  pro- 
vide but  in  no  event  after  April  1,  1953,  to  nations  associated  with 
the  United  States  in  defense  activities.  (May  18,  1933,  ch.  32,  §  5,  48 
Stat.  61;  Aug.  31,  1935,  ch.  836,  §  4,  49  Stat.  1076;  July  3,  1952,  ch. 
570,  §  2  (a),  66  Stat.  334;  Aug.  6,  1959,  Pub.  L.  86-137,  §  3,  73 
Stat.  285.) 

—NOTE— 

Excerpt  from  House  Rept.  48,  73d  Cong.,  1st  Sess.  (1933) 

national  defense 

Intimately  interlocked  with  the  production  in  peace  of 
nitrogenous  fertilizers  is  preparedness  for  national  defense 
in  time  of  war.  But  whether  large-scale  production  of  fer- 
tilizers is  carried  on  at  Muscle  Shoals,  we  are  assured  that 
nitrate  plant  no.  2  will  be  maintained  in  stand-by  condition 
for  the  manufacturer  of  explosives,  until  Congress  shall 
have  by  joint  resolution  released  the  Authority  from  that 
obligation.  These  sites  should  never  be  sold  without  express 
approval  of  Congress. 


16  U.S.C.  831n-4.  Bonds  for  financing  power  program 

(a)  Authorization;  amount;  use  of  proceeds;  restriction  on  con- 
tracts for  sale  or  delivery  of  power ;  exchange  power  arrangements ; 
payment  of  principal  and  interest ;  bond  contracts. 

The  Corporation  is  authorized  to  issue  and  sell  bonds,  notes,  and 
other  evidences  of  indebtedness  (hereinafter  collectively  referred  to 
as  "bonds")  in  an  amount  not  exceeding  $5,000,000,000  outstanding 
at  any  one  time  to  assist  in  financing  its  power  program  and  to 
refund  such  bonds.  The  Corporation  may,  in  performing  functions 
authorized  by  this  chapter,  use  the  proceeds  of  such  bonds  for  the 
construction,  acquisition,  enlargement,  improvement,  or  replacement 
of  any  plant  or  other  facility  used  or  to  be  used  for  the  generation 
or  transmission  of  electric  power  (including  the  portion  of  any  mul- 
tiple-purpose structure  used  or  to  be  used  for  power  generation)  as 

[Emphasis  supplied.] 


224 


may  be  required  in  connection  with  the  lease,  lease-purchase,  or  any 
contract  for  the  power  output  of  any  such  plant  or  other  facility; 
and  for  other  purposes  incidental  thereto.  Unless  otherwise  specifi- 
cally authorized  by  Act  of  Congress  the  Corporation  shall  make  no 
contracts  for  the  sale  or  delivery  of  power  which  would  have  the 
effect  of  making  the  Corporation  or  its  distributors,  directly  or  indi- 
rectly, a  source  of  power  supply  outside  the  area  for  which  the  Cor- 
poration or  its  distributors  were  the  primary  source  of  power  supply 
on  July  1,  1957,  and  such  additional  area  extending  not  more  than 
five  miles  around  the  periphery  of  such  area  as  may  be  necessary  to 
care  for  the  growth  of  the  Corporation  and  its  distributors  within 
said  area:  Provided,  however,  That  such  additional  area  shall  not  in 
any  event  increase  by  more  than  21/4  per  centum  (or  two  thousand 
square  miles,  whichever  is  the  lesser)  the  area  for  which  the  Corpo- 
ration and  its  distributors  were  the  primary  source  of  power  supply 
on  July  1,  1957:  And  provided  further,  That  no  part  of  such  addi- 
tional area  may  be  in  a  State  not  now  served  by  the  Corporation  or 
its  distributors  or  in  a  municipality  receiving  electric  service  from 
another  source  on  or  after  July  1,  1957,  and  no  more  than  five 
hundred  square  miles  of  such  additional  area  may  be  in  any  one 
State  now  served  by  the  Corporation  or  its  distributors. 

Nothing  in  this  subsection  shall  prevent  the  Corporation  or  its 
distributors  from  supplying  electric  power  to  any  customer  within 
any  area  in  which  the  Corporation  or  its  distributors  had  generally 
established  electric  service  on  July  1,  1957,  and  to  which  electric 
service  was  not  being  supplied  from  any  other  source  on  the  effective 
date  of  this  Act. 

Nothing  in  this  subsection  shall  prevent  the  Corporation,  when 
economically  feasible,  from  making  exchange  power  arrangements 
with  other  power-generating  organizations  with  which  the  Corpora- 
tion had  such  arrangements  on  July  1,  1957,  nor  prevent  the  Corpo- 
ration from  continuing  to  supply  power  to  Dyersburg,  Tennessee, 
and  Covington,  Tennessee,  or  from  entering  into  contracts  to  supply 
or  from  supplying  power  to  the  cities  of  Paducah,  Kentucky; 
Princeton,  Kentucky;  Glasgow,  Kentucky;  Fulton.  Kentucky;  Mon- 
ticello,  Kentucky;  Hickman,  Kentucky;  Chickamauga,  Georgia; 
Ringgold,  Georgia;  Oak  Ridge,  Tennessee;  and  South  Fulton.  Ten- 
nessee; or  agencies  thereof;  or  from  entering  into  contracts  to 
supply  or  from  supplying  power  for  the  Naval  Auxiliary  Air  Sta- 
tion in  Lauderdale  and  Kemper  Counties,  Mississippi,  through  the 
facilities  of  the  East  Mississippi  Electric  Power  Association:  Pro- 
vided further,  That  nothing  herein  contained  shall  prevent  the 
transmission  of  TVA  power  to  the  Atomic  Energy  Commission  or 
the  Department  of  Defense  or  any  agency  thereof,  on  certification 
by  the  President  of  the  United  States  that  an  emergency  defense 
need  for  such  power  exists.  Nothing  in  this  chapter  shall  affect  the 
present  rights  of  the  parties  in  any  existing  lawsuits  involving 
efforts  of  towns  in  the  same  general  area  where  TVA  power  is  sup- 
plied to  obtain  TVA  power. 

[Emphasis  supplied.] 


225 


The  principal  of  and  interest  on  said  bonds  shall  be  payable  solely 
from  the  Corporation's  net  power  proceeds  as  hereinafter  defined. 
Net  power  proceeds  are  defined  for  purposes  of  this  section  as  the 
remainder  of  the  Corporation's  gross  power  revenues  after  deducting 
the  costs  of  operating,  maintaining,  and  administering  its  power 
properties  (including  costs  applicable  to  that  portion  of  its  multi- 
ple-purpose properties  allocated  to  power)  and  payments  to  States 
and  counties  in  lieu  of  taxes  but  before  deducting  depreciation 
accruals  or  other  charges  representing  the  amortization  of  capital 
expenditures,  plus  the  net  proceeds  of  the  sale  or  other  disposition 
of  any  power  facility  or  interest  therein,  and  shall  include  reserve  or 
other  funds  created  from  such  sources.  Notwithstanding  the  provisions 
of  section  831y  of  this  title  or  any  other  provision  of  law,  the  Cor- 
poration may  pledge  and  use  its  net  power  proceeds  for  payment  of 
the  principal  of  and  interest  on  said  bonds,  for  purchase  or  redemp- 
tion thereof,  and  for  other  purposes  incidental  thereto,  including 
creation  of  reserve  funds  and  other  funds  which  may  be  similarly 
pledged  and  used,  to  such  extent  and  in  such  manner  as  it  may  deem 
necessary  or  desirable.  The  Corporation  is  authorized  to  enter  into 
binding  covenants  with  the  holders  of  said  bonds — and  with  the 
trustee,  if  any — under  any  indenture,  resolution,  or  other  agreement 
entered  into  in  connection  with  the  issuance  thereof  (any  such  agree- 
ment being  hereinafter  referred  to  as  a  "bond  contract")  with 
respect  to  the  establishment  of  reserve  funds  and  other  funds,  ade- 
quacy of  charges  for  supply  of  power,  application  and  use  of  net 
power  proceeds,  stipulations  concerning  the  subsequent  issuance  of 
bonds  or  the  execution  of  leases  or  lease-purchase  agreements  relat- 
ing to  power  properties,  and  such  other  matters,  not  inconsistent 
with  this  chapter,  as  the  Corporation  may  deem  necessary  or  desira- 
ble to  enhance  the  marketability  of  said  bonds.  The  issuance  and  sale 
of  bonds  by  the  Corporation  and  the  expenditure  of  bond  proceeds 
for  the  purposes  specified  herein,  including  the  addition  of  generat- 
ing units  to  existing  power-producing  projects  and  the  construction 
of  additional  power-producing  projects,  shall  be  subject  to  the 
requirements  or  limitations  of  any  other  law. 

******* 


16  U.S.C.  831s.  Possession  by  Government  in  time  of  wak;  damages 

TO  CONTRACT  HOLDERS 

The  Government  of  the  United  States  reserves  the  right,  in  case 
of  war  or  national  emergency  declared  by  Congress,  to  take  posses- 
sion of  all  or  any  part  of  the  property  described  or  refen-ed  to  in 
this  chapter  for  the  purpose  of  manufacturing  explosives  or  for 
other  war  purposes;  but,  if  this  right  is  exercised  by  the  Govern- 

[Emphasis  supplied.] 


226 


ment,  it  shall  pay  the  reasonable  and  fair  damages  that  may  be  suf- 
fered by  any  party  whose  contract  for  the  purchase  of  electric  power 
or  fixed  nitrogen  or  fertilizer  ingredients  is  violated,  after  the 
amount  of  the  damages  has  been  fixed  by  the  United  States  Court  of 
Claims  in  proceedings  instituted  and  conducted  for  that  purpose 
under  rules  prescribed  by  the  court.  (May  18,  1933,  ch.  32,  §  20,  48 
Stat.  68.) 

— N  O  T  E — 

Excerpt  from  House  Reft.  48,  73d  Cong.,  1st  Sess.  (1933) 
salvage  value  of  war  investment 

Unlike  practically  every  other  war  project  and  war-time 
enterprise,  this  Muscle  Shoals  property  has  a  great  peace- 
time value  for  both  agriculture  and  industry,  in  supplying 
both  fertilizers  and  power,  and  also  has  a  future  value  for 
national  defense.  In  time  of  war  our  armies  and  fleets  will 
use  increasing  quantities  of  nitrate  explosives.  Happily,  the 
more  we  know  about  fixing  nitrogen  for  agricultural  pur- 
poses, the  more  rapidly  we  will  be  able  to  fix  nitrogen  for 
military  purposes.  The  Muscle  Shoals  property  is  situated 
far  inland,  where  it  is  unlikely,  if  not  impossible,  that 
enemy  airplanes  or  airships  may  ever  destroy  it  by  bombing 
from  the  air.  Plantr  situated  within  bombing  distance  of 
enemy  airplane  carriers  are  not  dependable  for  war-time 
explosive  supplies. 

******* 

NATIONAL  DEFENSE 

Intimately  interlocked  with  the  production  in  peace  of 
nitrogenous  fertilizers  is  preparedness  for  national  defense 
in  time  of  war.  But  whether  large-scale  production  of  ferti- 
lizers is  carried  on  at  Muscle  Shoals,  we  are  assured  that 
nitrate  plant  no.  2  will  be  maintained  in  stand-by  condition 
for  the  manufacture  of  explosives,  until  Congress  shall  have 
by  joint  resolution  released  the  Authority  from  that  obliga- 
tion. These  sites  should  never  be  sold  without  express 
approval  of  Congress. 

—NOTE— 

Excerpt  from  House  Kept.  130,  73d  Cono.,  1st  Sess.  (1933) 

A  most  important  provision  in  the  House  bill  was  the  one 
requiring  that  nitrate  plant  no.  2,  the  big  nitrate  plant,  be 
kept  in  stand-by  condition  for  war  purposes,  in  the  event  it 
was  not  being  operated  for  the  fixation  of  nitrogenous  ferti- 
lizer. There  was  no  similar  provision  in  the  Senate  amend- 
ment and  the  House  provision  was  incorporated  in  the  con- 
ference amendment.  This  safeguards  national  defense. 


227 


16  U.S.C.  832g.  Purchase  of  supplies  and  services 

Notwithstanding  any  other  provision  of  law,  all  purchases  and 
contracts  made  by  the  administrator  or  the  Secretary  of  the  Army 
for  supplies  or  for  services  except  for  personal  services,  shall  be 
made  after  advertising,  in  such  manner  and  at  such  times, 
sufficiently  in  advance  of  opening  bids,  as  the  administrator  or  Sec- 
retary of  the  Army,  as  the  case  may  be,  shall  determine  to  be  ade- 
quate to  insure  notice  and  opportunity  for  competition.  Such  adver- 
tisement shall  not  be  required,  however,  when  (1)  an  emergency 
requires  immediate  delivery  of  the  supplies  or  performance  of  the 
services;  or  (2)  repair  parts,  accessories,  supplemental  equipment,  or 
services  are  required  for  supplies  or  services  previously  furnished  or 
contracted  for;  or  (3)  the  aggregate  amount  involved  in  any  pur- 
chase of  supplies  or  procurement  of  services  does  not  exceed  $500 ;  in 
which  cases  such  purchases  of  supplies  or  procurement  of  services 
may  be  made  in  the  open  market  in  the  manner  common  among 
businessmen.  In  comparing  bids  and  in  making  awards,  the  adminis- 
trator or  the  Secretary  of  the  Army,  as  the  case  may  be,  may  con- 
sider such  factors  as  relative  quality  and  adaptability  of  supplies  or 
services,  the  bidder's  financial  responsibility,  skill,  experience,  record 
of  integrity  in  dealing,  an  abilty  to  furnish  repairs  and  mainte- 
nance services,  the  time  of  delivery  or  performance  offered,  and 
whether  the  bidder  has  complied  with  the  specifications.  (Aug.  20, 
1937,  ch.  720,  §  8,  50  Stat.  735.) 


1(5  U.S.C.  833f.  Purchase  of  supplies  and  services 

Notwithstanding  any  other  provision  of  law,  all  purchases  and 
contracts  made  by  the  Bureau  or  the  Secretary  of  the  Army  for  sup- 
plies or  for  services,  except  for  personal  services,  shall  be  made  after 
advertising,  in  such  manner  and  at  such  times,  sufficiently  in 
advance  of  opening  bids,  as  the  Bureau  or  Secretary  of  the  Army,  as 
the  case  may  be,  shall  determine  to  be  adequate  to  insure  notice  and 
opportunity  for  competition.  Such  advertisement  shall  not  be 
required,  however,  when  (1)  an  emergency  requires  immediate  deliv- 
ery of  the  supplies  or  performanve  of  the  services;  or  (2)  repair 
parts,  accessories,  supplemental  equipment,  or  services  are  required 
for  supplies  or  services  previously  furnished  or  contracted  for;  or 
(3)  the  aggregate  amount  involved  in  any  purchase  of  supplies  or 
procurement  of  services  does  not  exceed  $500;  in  which  cases  such 
purchase  of  supplies  or  procurement  of  services  may  be  made  in  the 
open  market  in  the  manner  common  among  businessmen.  In  compar- 
ing bids  and  in  making  awards,  the  Bureau  or  the  Secretary  of  the 
Army,  as  the  case  may  be,  may  consider  such  factors  as  relative 
quality  and  adaptability  of  supplies  or  services,  the  bidder's  finan- 
cial responsibility,  skill,  experience,  record  of  integrity  in  dealing, 
and  ability  to  furnish  repairs  and  maintenance  services,  the  time  of 

[Emphasis  supplied.! 


228 


delivery  or  performance  offered,  and  whether  the  bidder  has  com- 
plied with  the  specifications.  (May  18,  1938,  ch.  250,  §  7,  52  Stat. 
406.) 


Title  18 — Crimes  and  Criminal  Prooedfre 


18  U.S.O.  793.  Gathering,  transmitting  or  losing  defense 
information 

(a)  Whoever,  for  the  purpose  of  obtaining  information  respecting 
the  national  defense  with  intent  or  reason  to  believe  that  the  infor- 
mation is  to  be  used  to  the  injury  of  the  United  States,  or  to  the 
advantage  of  any  foreign  nation,  goes  upon,  enters,  flies  over,  or  oth- 
erwise obtains  information  concerning  any  vessel,  aircraft,  work  of 
defense,  navy  yard,  naval  station,  submarine  base,  fueling  station, 
fort,  battery,  torpedo  station,  dockvard,  canal,  railroad,  arsenal, 
camtv.  factory,  mine,  telegraph,  telephone,  wireless,  or  signal  station, 
building,  office,  research  laboratorv  or  station  or  other  place  con- 
nected with  the  national  defense  owned  or  constructed,  or  in  prog- 
ress of  construction  by  the  United  States  or  under  the  control  of  the 
United  States,  or  of  any  of  its  officers,  departments,  or  agencies,  or 
within  the  exclusive  jurisdiction  of  the  United  States,  or  any  place 
in  which  any  vessel,  aircraft,  arms,  munitions,  or  other  materials  or 
instruments  for  use  in  time  of  war  are  being  made,  prepared, 
repaired,  stored,  or  are  the  subject  of  research  or  development,  under 
any  contract  or  agreement  with  the  United  States,  or  any  depart- 
ment or  agency  thereof,  or  with  any  person  on  behalf  of  the  United 
States,  or  otherwise  on  behalf  of  the  United  States,  or  any  prohib- 
ited place  so  designated  by  the  President  by  proclamation  in  time  of 
war  or  in  case  of  national  emergency  in  which  anything  for  the  use 
of  the  Army,  Navy,  or  Air  Force  is  being  prepared  or  constructed 
or  stored,  information  as  to  which  prohibited  place  the  President 
has  determined  would  be  prejudicial  to  the  national  defense;  or 

(b)  Whoever,  for  the  purpose  aforesaid,  and  with  like  intent  or 
reason  to  believe,  copies,  takes,  makes,  or  obtains,  or  attempts  to 
copy,  take,  make,  or  obtain,  any  sketch,  photograph,  photographic 
negative,  blueprint,  plan,  map,  model,  instrument,  appliance,  docu- 
ment, writing,  or  note  of  anything  connected  with  the  national 
defense :  or 

fo)  Whoever,  for  the  purpose  aforesaid,  receives  or  obtains  or 
agrees  or  attempts  to  receive  or  obtain  from  any  person,  or  from  any 
source  whatever,  any  document,  writing,  code  book,  signal  book, 
sketcli,  photograph,  pilot ographic  negative,  blueprint,  plan,  map, 
model,  instrument,  appliance,  or  note,  of  anything  connected  with 
the  national  defense,  knowing  or  having  reason  to  believe,  at  the 
time  he  receives  or  obtains,  or  ngrees  or  attempts  to  receive  or  obtain 
it,  that  it  has  been  or  will  be  obtained,  taken,  made,  or  disposed  of 
by  any  person  contrary  to  the  provisions  of  this  chapter;  or 

[Emphasis  supplied.] 


229 


(d)  Whoever,  lawfully  having  possession  of,  access  to,  control 
oyer,  or  being  entrusted  with  any  document,  writing,  code  book, 
signal  book,  sketch,  photograph,  photographic  negative,  blueprint, 
plan,  map,  model,  instrument,  appliance,  or  note  relating  to  the 
national  defense,  or  information  relating  to  the  national  defense 
which  information  the  possessor  has  reason  to  believe  could  be  used 
to  the  injury  of  the  United  States  or  to  the  advantage  of  any  for- 
eign nation,  willfully  communicates,  delivers,  transmits  or  causes  to 
be  communicated,  delivered,  or  transmitted  or  attempts  to  communi- 
cate, deliver,  transmit  or  cause  to  be  communicated,  delivered  or 
transmitted  the  same  to  any  person  not  entitled  to  receive  it,  or  will- 
fully retains  the  same  and  fails  to  deliver  it  on  demand  to  the  officer 
or  employee  of  the  United  States  entitled  to  receive  it ;  or 

(e)  Whoever  having  unauthorized  possession  of,  access  to,  or  con- 
trol over  any  document,  writing,  code  book,  signal  book,  sketch,  pho- 
tograph, photographic  negative,  blueprint,  plan,  map,  model, 
instrument,  appliance,  or  note  relating  to  the  national  defense,  or 
information  relating  to  the  national  defense  which  information  the 
possessor  has  reason  to  believe  could  be  used  to  the  injury  of  the 
United  States  or  to  the  advantage  of  any  foreign  nation,  willfully 
communicates,  delivers,  transmits  or  causes  to  be  communicated, 
delivered,  or  transmitted,  or  attempts  to  communicate,  deliver,  trans- 
mit or  cause  to  be  communicated,  delivered,  or  transmitted  the  same 
to  any  person  not  entitled  to  receive  it,  or  willfully  retains  the  same 
and  fails  to  deliver  it  to  the  officer  or  employee  of  the  United  States 
entitled  to  receive  it;  or 

(f)  Whoever,  being  entrusted  with  or  having  lawful  possession  or 
control  of  any  document,  writing,  code  book,  signal  book,  sketch, 
photograph,  photographic  negative,  blueprint,  plan,  map,  model, 
instrument,  appliance,  note,  or  information,  relating  to  the  national 
defense,  (1)  through  gross  negligence  permits  the  same  to  be 
removed  from  its  proper  place  of  custody  or  delivered  to  anyone  in 
violation  of  his  trust,  or  to  be  lost,  stolen,  abstracted,  or  destroyed, 
or  (2)  having  knowledge  that  the  same  has  been  illegally  removed 
from  its  proper  place  of  custody  or  delivered  to  anyone  in  violation 
of  its  trust,  or  lost,  or  stolen,  abstracted,  or  destroyed,  and  fails  to 
make  prompt  report  of  such  loss,  theft,  abstraction,  or  destruction  to 
his  superior  officer — 

Shall  be  fined  not  more  than  $10,000  or  imprisoned  not  more  than 
ten  years,  or  both. 

(g)  If  two  or  more  persons  conspire  to  violate  any  of  the  forego- 
ing provisions  of  this  section,  and  one  or  more  of  such  persons  do 
any  act  to  effect  the  object  of  the  conspiracy,  each  of  the  parties  to 
such  conspiracy  shall  be  subject  to  the  punishment  provided  for  the 
offense  which  is  the  object  of  such  conspiracy.  (June  25,  1948,  ch. 
645,  62  Stat.  736;  Sept.  23,  1950,  ch.  1024,  title  I,  §  18,  64  Stat. 
1003.) 

— N  O  T  E — 

Excerpt  from  House  Rept.  30,  80tii  Cong.,  2d  Sess.  (1948) 

The  committee,  in  framing  the  espionage  title,  have 
endeavored  to  avoid  making  innocent  acts  criminal  and, 


230 


therefore,  in  Title  I,  sections  1  and  2,  the  criminality  of  the 
act  is  made  to  depend  upon  the  knowledge,  intent,  or  reason 
to  believe  that  the  information  obtained  or  transmitted  con- 
cerning our  national  defense  is  to  be  used  to  the  injury  of 
the  United  States. 

Section  3  of  this  title  punishes  an  officer  or  trustee  of  our 
national  defense  secrets  who  willfully  communicates  such 
secrets  to  a  person  not  lawfully  entitled  to  receive  them  and 
punishes  such  person  if  he  through  gross  negligence  permits 
any  document,  etc.,  to  be  lost  or  stolen,  etc. 

Section  4  of  Title  I  gives  the  President  the  power,  during 
national  emergency  resulting  from  a  war  to  which  the 
United  States  is  a  party,  or  from  threat  of  such  war,  to 
proclaim  the  existence  of  such  emergency,  and  thereupon  by 
proclamation  to  prohibit  the  publishing  or  communicating 
of  or  the  attempting  to  publish  or  communicate  any  infor- 
mation relating  to  national  defense  which,  in  his  judgment, 
is  of  such  character  that  it  is  or  might  be  useful  to  the 
enemy. 

This  section  in  the  bill  has  been  carefully  and  patiently 
considered  by  the  committee.  The  committee  realize  that  the 
section  as  recommended  gives  the  President  broad  powers, 
but  it  must  be  admitted  by  all  patriotic  persons  anxious  for 
the  success  of  our  arms  that  in  times  like  these  through 
which  we  are  now  going  it  is  important  that  the  Com- 
mander in  Chief  shall  have  authority  to  prevent  the  publica- 
tion of  national  defense  secrets,  which  would  be  useful  to  the 
enemy  and,  therefore,  harmful  to  the  United  States.  We 
feel  confident  that  the  President  will  not  abuse  this  author- 
ity but  will  exercise  it  in  the  spirit  in  which  it  is  given,  by 
safeguarding  the  public  welfare  by  preventing  our  vital  na- 
tional defense  secrets  from  falling  into  the  hands  of  the 
enemy.  We  believe  that  the  public  and  the  newspaper  world 
will  heartily  cooperate  with  the  President  and  the  Congress 
in  attaining  this  worthy  end.  The  proviso  in  this  section  is 
hardly  necessary  to  be  written  into  the  bill,  but  for  the  pur- 
pose of  assuring  the  public  and  the  newspaper  fraternity 
that  nothing  in  the  President's  proclamation  shall  limit  or 
restrict  discussion,  comment,  or  criticism  of  the  acts  or  poli- 
cies of  the  Government  or  of  its  representatives  the  clause 
is  inserted. 

Section  5  of  Title  I  makes  it  a  crime  for  any  person  to 
willfully  convey  false  reports  or  statements  with  the  intent 
to  interfere  with  the  operation  or  success  of  the  military 
and  naval  forces  of  the  United  States,  or  to  promote  the 
success  of  the  enemy,  and  for  anyone  in  time  of  war  to  will- 
fully cause,  or  attempt  to  cause,  insubordination,  disloyalty, 
or  refusal  of  duty  in  the  military  or  naval  forces.  The  com- 
mittee feels  that  no  patriotic  American  will  ever  attempt 
willfully  to  violate  the  provisions  of  this  section. 

[Emphasis  supplied.] 


231 


The  remaining  sections  of  the  title  are  self-explanatory 
and  need  not  be  elaborated  upon  in  this  report.  The  commit- 
tee feels  that  all  the  remaining  sections  of  the  amended  bill 
are  drawn  with  sufficient  clearness  to  be  self-explanatory, 
and  the  committee  is  confident  that  the  House  will  realize 
the  importance  of  the  passage  of  each  section  of  the  amended 
bill,  and  therefore  recommend  that  the  bill  as  amended  and 
reported  herein  be  passed. 


18  U.S.C.  794.  Gathering  or  delivering  defense  information  to  aid 

FOREIGN  GOVERNMENT 

(a)  Whoever,  with  intent  or  reason  to  believe  that  it  is  to  be  used 
to  the  injury  of  the  United  States  or  to  the  advantage  of  a  foreign 
nation,  communicates,  delivers,  or  transmits,  or  attempts  to  commu- 
nicate, deliver,  or  transmit,  to  any  foreign  government,  or  to  any 
faction  or  party  or  military  or  naval  force  within  a  foreign  country, 
whether  recognized  or  unrecognized  by  the  United  States,  or  to  any 
representative,  officer,  agent,  employe,  subject,  or  citizen  thereof, 
either  directly  or  indirectly,  any  document,  writing,  code  book, 
signal  book,  sketch,  photograph,  photographic  negative,  blueprint, 
plan,  map,  model,  note,  instrument,  appliance,  or  information  relat- 
ing to  the  national  defense,  shall  be  punished  by  death  or  by  impris- 
onment for  any  term  of  years  or  for  life. 

(b)  Whoever,  in  time  of  war,  with  intent  that  the  same  shall  be 
communicated  to  the  enemy,  collects,  records,  publishes,  or  communi- 
cates, or  attempts  to  elicit  any  information  with  respect  to  the  move- 
ment, numbers,  description,  condition,  or  disposition  of  any  of  the 
Armed  Forces,  ships,  aircraft,  or  war  materials  of  the  United  States, 
or  with  respect  to  the  plans  or  conduct,  or  supposed  plans  or  con- 
duct of  any  naval  or  military  operations,  or  with  respect  to  any 
works  or  measures  undertaken  for  or  connected  with,  or  intended  for 
the  fortification  or  defense  of  any  place,  or  any  other  information 
relating  to  the  public  defense,  which  might  be  useful  to  the  enemy, 
shall  be  punished  by  death  or  by  imprisonment  for  any  term  of 
years  or  for  life. 

(c)  If  two  or  more  persons  conspire  to  violate  this  section,  and 
one  or  more  of  such  persons  do  any  act  to  effect  the  object  of  the 
conspiracy,  each  of  the  parties  to  such  conspiracy  shall  be  subject  to 
the  punishment  provided  for  the  offense  which  is  the  object  of  such 
conspiracy.  (June  25,  1948,  ch.  645,  62  Stat.  737;  Sept.  3,  1954,  ch. 
1261,  title  II,  §  201,  68  Stat.  1219.) 


18  U.S.C.  795.  Photographing  and  sketching  defense  installations 

(a)  Whenever,  in  the  interests  of  national  defense,  the  President 
defines  certain  vital  military  and  naval  installations  or  equipment  as 

[Emphasis  supplied.] 


232 


requiring  protection  against  the  general  dissemination  of  informa- 
tion relative  thereto,  it  shall  be  unlawful  to  make  any  photograph, 
sketch,  picture,  drawing,  map,  or  graphical  representation  of  such 
vital  military  and  naval  installations  or  equipment  without  first 
obtaining  permission  of  the  commanding  officer  of  the  military  or 
naval  post,  camp,  or  station,  or  naval  vessels,  military  and  naval  air- 
craft, and  any  separate  military  or  naval  command  concerned,  or 
higher  authority,  and  promptly  submitting  the  product  obtained  to 
such  commanding  officer  or  higher  authority  for  censorship  or  such 
other  action  as  he  may  deem  necessary. 

(b)  Whoever  violates  this  section  shall  be  fined  not  more  than 
$1,000  or  imprisoned  not  more  than  one  year,  or  both.  (June  25, 
1948,  ch.  645,  62  Stat.  737.) 


18  U.S.C.  798.  Disclosure  of  classified  information  1 

(a)  Whoever  knowingly  and  willfully  communicates,  furnishes, 
transmits,  or  otherwise  makes  available  to  an  unauthorized  person, 
or  publishes  or  uses  in  any  manner  prejudicial  to  the  safety  or  in- 
terest of  the  United  States  or  for  the  benefit  of  any  foreign  govern- 
ment to  the  detriment  of  the  United  States  any  classified  informa- 
tion— 

(1)  concerning  the  nature,  preparation,  or  use  of  any  code, 
cipher,  or  cryptographic  system  of  the  United  States  or  any  for- 
eign government ;  or 

(2)  concerning  the  design,  construction,  use,  maintenance,  or 
repair  of  any  device,  apparatus,  or  appliance  used  or  prepared 
or  planned  for  use  by  the  United  States  or  any  foreign  govern- 
ment for  cryptographic  or  communication  intelligence  purposes ; 
or 

(3)  concerning  the  communication  intelligence  activities  of 
the  United  States  or  any  foreign  government ;  or 

(4)  obtained  by  the  process  of  communication  intelligence 
from  the  communications  of  any  foreign  government,  knowing 
the  same  to  have  been  obtained  by  such  processes — 

Shall  be  fined  not  more  than  $10,000  or  imprisoned  not  more  than 
ten  years,  or  both. 

(b)  As  used  in  subsection  (a)  of  this  section — 

The  term  "classified  information"  means  information  which,  at  the 
time  of  a  violation  of  this  section,  is,  for  reasons  of  national  secu- 
rity, specifically  designated  by  a  United  States  Government  Agency 
for  limited  or  restricted  dissemination  or  distribution; 

The  terms  "code."  "cipher,"  and  "cryptographic  system"  include 
in  their  meanings,  in  addition  to  their  usual  meanings,  any  method 
of  secret  writing  and  any  mechanical  or  electrical  device  or  method 
used  for  the  purpose  of  disguising  or  concealing  the  contents,  signif- 
icance, or  meanings  of  communications; 


1  So  enacted.  See  second  section  798  enacted  on  Oct  31,  1951,  set  out  below. 
[Emphasis  supplied.] 


233 


The  term  "foreign  government"  includes  in  its  meaning  any 
person  or  persons  acting  or  purporting  to  act  for  or  on  behalf  of 
any  faction,  party,  department,  agency,  bureau,  or  military  force  of 
or  within  a  foreign  country,  or  for  or  on  behalf  of  any  government 
or  any  person  or  persons  purporting  to  act  as  a  government  within  a 
foreign  country,  whether  or  not  such  government  is  recognized  by 
the  United  States ; 

The  term  "communication  intelligence"  means  all  procedures  and 
methods  used  in  the  interception  of  communications  and  the  obtain- 
ing of  information  from  such  communications  by  other  than  the 
intended  recipients; 

The  term  "unauthorized  person"  means  any  person  who,  or  agency 
which,  is  not  authorized  to  receive  information  of  the  categories  set 
forth  in  subsection  (a)  of  this  section,  by  the  President,  or  by  the 
head  of  a  department  or  agency  of  the  United  States  Government 
which  is  expressly  designated  by  the  President  to  engage  in  commu- 
nication intelligence  activities  for  the  United  States. 

(c)  Nothing  in  this  section  shall  prohibit  the  furnishing,  upon 
lawful  demand,  of  information  to  any  regularly  constituted  commit- 
tee of  the  Senate  or  House  of  Representatives  of  the  United  States 
of  America,  or  joint  committee  thereof.  (Added  Oct.  31,  1951,  ch. 
655,  §24  (a),  65  Stat,  719.) 


18  U.S.C.  798.  Temporary  extension  of  section  794  1 

The  provisions  of  section  794  of  this  title,  as  amended  and 
extended  by  section  1  (a)  (29)  of  the  Emergency  Powers  Continua- 
tion Act  (66  Stat.  333),  as  further  amended  by  Public  Law  12, 
Eighty-third  Congress,  in  addition  to  coming  into  full  force  and 
effect  in  time  of  war  shall  remain  in  full  force  and  effect  until  six 
months  after  the  termination  of  the  national  emergency  proclaimed 
by  the  President  on  December  16,  1950  (Proc.  2912,  3  C.F.E.,  1950 
Supp.,  p.  71),  or  such  earlier  date  as  may  be  prescribed  by  concur- 
rent resolution  of  the  Congress,  and  acts  which  would  give  rise  to 
legal  consequences  and  penalties  under  section  794  when  performed 
during  a  state  of  war  shall  give  rise  to  the  same  legal  consequences 
and  penalties  when  they  are  performed  during  the  period  above  pro- 
vided for.  (Added  June  30, 1953,  ch.  175,  §  4,  67  Stat.  133.) 

— N  O  T  E — 

Excerpt  From  Senate  Kept.  Ill,  81st  Cong.,  2d  Sess.  (1950) 

purpose  of  the  bill 

The  purpose  of  this  bill,  as  amended,  is  to  prevent  the  rev- 
elation of  important  information  about  the  United  States 
communication  intelligence  activities  and  United  States 


*  So  enacted.  See  first  section  798  enacted  on  June  30,  1953,  set  out  below. 
[Emphasis  supplied.] 


234 


codes  and  ciphers  by  persons  who  disclose  such  information 
without  proper  authority,  and  to  prescribe  penalties  to  those 
knowingly  and  willfully  revealing  such  information.  .  .  . 
******* 
At  present  two  other  acts  protect  this  information,  but  only 
in  a  limited  way.  These  are  the  Espionage  Act  of  1917  (40 
Stat.  217)  and  the  act  of  June  10, 1933  (48  Stat.  122).  Under 
the  first,  unauthorized  revelation  on  information  of  this  kind 
can  be  penalized  only  if  it  can  be  proved  that  the  person  mak- 
ing the  revelation  did  so  with  an  intent  to  injure  the  United 
States.  Under  the  second,  only  diplomatic  codes  and  mes- 
sages transmitted  in  diplomatic  codes  are  protected.  The 
present  bill  is  designed  to  protect  against  knowing  and  will- 
ful publication  or  any  other  revelation  of  all  important  in- 
formation affecting  United  States  communication  intelligence 
operations  and  all  direct  information  about  all  United  States 
codes  and  ciphers. 


18  U.S.C.  963.  Detention  of  armed  vessel 

(a)  During  a  war  in  which  the  United  States  is  a  neutral  nation, 
the  President,  or  any  person  authorized  by  him,  may  detain  any 
armed  vessel  owned  wholly  or  in  part  by  citizens  of  the  United 
States,  or  any  vessel,  domestic  or  foreign  (other  than  one  which  has 
entered  the  ports  of  the  United  States  as  a  public  vessel),  which  is 
manifestly  built  for  warlike  purposes  or  has  been  converted  or 
adapted  from  a  private  vessel  to  one  suitable  for  warlike  use,  until 
the  owner  or  master,  or  person  having  charge  of  such  vessel,  shall 
furnish  proof  satisfactory  to  the  President,  or  to  the  person  duly 
authorized  by  him,  that  the  vessel  will  not  be  employed  to  cruise 
against  or  commit  or  attempt  to  commit  hostilities  upon  the  subjects, 
citizens,  or  property  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people  with  which  the  United  States  is  at  peace,  and  that 
the  said  vessel  will  not  be  sold  or  delivered  to  any  belligerent  nation, 
or  to  an  agent,  officer,  or  citizen  of  such  nation,  by  them  or  any  of 
them,  within  the  jurisdiction  of  the  United  States,  or  upon  the  nigh 
seas. 

(b)  Whoever,  in  violation  of  this  section  takes,  or  attempts  to 
take,  or  authorizes  the  taking  of  any  such  vessel,  out  of  port  or  from 
the  United  States,  shall  be  fined  not  more  than  $10,000  or  impris- 
oned not  more  than  ten  years,  or  both. 

In  addition,  such  vessel,  her  tackle,  apparel,  furniture,  equipment, 
and  her  cargo  shall  be  forfeited  to  the  United  States.  (June  25, 1948, 
ch.  645,  62  Stat.  746.) 

— N  O  T  E — 

Excerpt  from  Senate  Rept.  598,  80th  Cong.,  2d  Sess.  (1948) 

The  Committee  on  Naval  Affairs,  to  whom  was  referred 
the  bill  (S.  1398)  to  amend  the  act  entitled  "An  act  to 
punish  acts  of  interference  with  the  foreign  relations,  the 

[Emphasis  supplied.] 


235 


neutrality,  and  the  foreign  commerce  of  the  United  States, 
to  punish  espionage,  and  better  to  enforce  the  criminal  laws 
of  the  United  States,  and  for  other  purposes,"  approved 
June  15,  1917,  as  amended,  to  increase  the  penalties  for 
peacetime  violations  of  such  act,  having  considered  the 
same,  report  favorably  thereon  without  amendment,  and 
with  the  recommendation  that  the  bill  do  pass. 

THE  PURPOSE  OF  THE  BILL 

This  measure  is  intended  to  remedy  an  obvious,  and  at 
the  present  time  somewhat  startling,  defect  in  the  Federal 
statute  relating  to  espionage.  With  complaints  and  overt 
acts  in  this  field  increasing  rapidly,  and  out  of  proportion 
to  other  offenses  against  the  Federal  Government,  it  seems 
clear  that  if  our  National  Defense  preparations  are  to  be 
adequately  protected,  we  must  not  only  augment  the  Fed- 
eral personnel  assigned  to  this  type  of  offense,  but 
strengthen  the  Government's  hand  further  by  increasing  the 
penalties  for  peacetime  espionage. 

JUSTIFICATION  FOE  THE  BILL 

Under  present  practice,  the  Federal  Bureau  of  Investiga- 
tion has  been  given  the  responsibility  for  all  civilian  coun- 
terespionage work  in  the  United  States  and  its  possessions. 
J.  Edgar  Hoover,  Director  of  this  Bureau,  testifying  before 
the  House  Committee  on  Appropriations  on  April  27,  1939, 
informed  the  committee  that  as  of  April  1,  1939,  164  espio- 
nage cases  then  awaiting  investigation  were  unassigned 
because  of  personnel  deficiencies.  He  testified  further : 

In  regard  to  espionage,  I  would  like  to  point  out  to  the  committee 
that  in  the  5  years  preceding  1938  there  was  an  average  of  35 
espionage  cases  per  year.  In  1938  there  were  634  such  cases.  That 
is  an  increase  of  599  cases  over  the  previous  year.  With  our  present 
personnel,  it  is  not  possible  to  give  prompt  attention  to  these  cases. 

We  estimate  that  for  1939,  going  at  the  rate  we  are  going  now,  we 
will  have  772  such  cases,  as  against  634  last  year. 

As  you  probably  know,  all  the  investigations  of  foreign  agents 
engaged  in  espionage  work  within  the  United  States  and  its  Terri- 
tories is  carried  on  by  the  Federal  Bureau  of  Investigation ;  the 
Military  Intelligence  Division,  and  the  Navy  Intelligence  Division 
have  requested  us  to  handle  all  of  that  civilian  work. 

We  have  been  requested  by  the  War  Department  and  the  Navy 
Department  to  establish  offices  in  Puerto  Rico,  Hawaii,  and  Alaska, 
in  addition  to  stations  in  the  Panama  Canal  Zone  and  in  the  Philip- 
pines. We  have  not  acceded  to  these  requests.  Even  if  this  appropria- 
tion is  granted  it  is  doubtful  that  we  can  accede  to  them. 

It  is  not  the  function  of  this  committee  to  deal  with  the 
personnel  problem,  and  that  will  be  ameliorated  to  some 
extent,  in  any  event,  by  currently  authorized  increases  in 
the  appropriation  for  the  Federal  Bureau  of  Investigation. 
It  is  self-evident,  however,  that  even  a  substantial  increase 
in  the  number  of  Government  agents  assigned  to  espionage 
cases  will  hardly  solve  the  major  problem  and  protect  the 


236 


national  interest  unless,  as  a  corollary,  the  espionage  law 
itself  is  strengthened.  As  new  war  vessels  are  built,  our  air- 
craft industry  expanded,  naval  bases  enlarged,  and  our  mil- 
itary and  naval  outposts  developed  in  response  to  the 
requirements  of  the  national  defense,  and  as  our  industrial 
machine  assumes  its  share  of  the  defense  load,  it  has  become 
apparent,  in  many  ways  that  other  nations,  some  of  them 
potential  enemies  of  the  United  States,  are  sending  increas- 
ing numbers  of  spies  to  our  shores  in  an  effort  to  learn  our 
military  secrets  and,  if  possible,  interfere,  with  our  defense 
preparations.  It  will  be  futile  to  run  down  those  responsible 
for  these,  activities,  arrest  and  prosecute  the  offenders,  and 
develop  a  comprehensive  counterespionage  organization  of 
our  own  if  these  enemies  are  to  be  allowed  to  escape,  if 
caught,  with  a  fine  or  relatively  short  term  in  prison. 

As  a  single  illustration  of  the  contrast  between  our  own 
espionage  statute  and  the  prevailing  practice  in  Japan,  the 
present  Federal  law  permits  persons  committing  five  types 
of  serious  offenses  against  the  national  defense  to  escape 
with  a  fine,  a  relatively  short  prison  sentence  being  left  to 
the  discretion  of  the  court,  whereas  for  lesser  offenses  in 
Japan  the  committee  is  informed  that  the  penalty  is  20 
years  in  prison. 

There  is  widespread  evidence  of  foreign  espionage  not 
only  in  Hawaii,  Puerto  Rico,  the  Canal  Zone,  and  the 
Pacific  Coast  but  on  the  Atlantic  coast  in  the  Gulf  States  as 
well.  The  number  of  aircraft  disasters,  attempts  at  sabotage, 
reports  of  damage  done  to  war  vessels,  and  the  results  of 
numerous  investigations  hitherto  concluded  not  only  support 
the  statement  that  espionage  activities  are  not  only  increas- 
ing rapidly,  but  that  the  present  penalties  are  wholly  inade- 
quate as  a  check  on  these  activities. 

Judge  John  C.  Knox,  of  the  United  States  District  Court 
in  New  York,  reminded  the  several  defendants  convicted  of 
espionage  activities  in  that  area  recently  that  they  were 
receiving  the  "mercy  of  a  democracy,"  as  contrasted  with 
the  penalties  visited  on  spies  apprehended  in  Germany. 

Under  all  the  circumstances,  there  can  be  no  justification 
for  permitting  alien  enemies  engaged  in  attempts  to  under- 
mine the  national  defense  to  escape  with  a  fine  or  a  prision 
term  of  a  year  or  two.  The  fact  that  we  live  in  a  free  coun- 
try and  are  not  in  the  habit  of  "liquidating"  those  we  sus- 
pect of  disloyalty  or  of  activities  in  behalf  of  foreign  gov- 
ernments does  not  relieve  us  of  the  responsibility  of 
protecting  our  military  secrets  and  making  it  unprofitable 
for  those  who  would  steal  them,  or  damage  or  destroy  mili- 
tary weapons  or  industrial  plants  engaged  in  their  "manu- 
facture to  carry  on  their  activities  in  this  country.  In 
emphasis,  it  is  only  necessary  to  recall  that  for  conspiracy 
to  transmit  secret  information  to  Japanese  agents,  former 
Commander  John  S.  Farnsworth  of  the  Navy  received  a 


237 


sentence  of  from  4  to  12  years,  which  with  good  behavior 
will  let  him  out  in  perhaps  3  years. 

We  cannot  go  on  in  this  manner  if  we  are  to  prepare  the 
United  States  to  defend  itself  against  those  who  covet  our 
territory  or  our  wealth. 


18  U.S.C.  967.  Departure  of  vessel  forbidden  in  Am  of  neutrality 

(a)  During  a  war  in  which  the  United  States  is  a  neutral  nation, 
the  President,  or  any  person  authorized  by  him,  may  withhold  clear- 
ance from  or  to  any  vessel,  domestic  or  foreign,  or,  by  service  of 
formal  notice  upon  the  owner,  master,  or  person  in  command  or  in 
charge  of  any  domestic  vessel  not  required  to  secure  clearances,  may 
forbid  its  departure  from  port  or  from  the  United  States,  whenever 
there  is  reasonable  cause  to  believe  that  such  vessel  is  about  to  carry 
fuel,  arms,  ammunition,  men,  supplies,  dispatches,  or  information  to 
any  warship,  tender,  or  supply  ship  of  a  foreign  belligerent  nation 
in  violation  of  the  laws,  treaties,  or  obligations  of  the  United  States 
under  the  law  of  nations.  It  shall  thereupon  be  unlawful  for  such 
vessel  to  depart. 

(b)  Whoever,  in  violation  of  this  section,  takes  or  attempts  to 
take,  or  authorizes  the  taking  of  any  such  vessel,  out  of  port  or  from 
the  United  States,  shall  be  fined  not  more  than  $10,000  or  impris- 
oned not  more  than  ten  years,  or  both.  In  addition,  such  vessel,  her 
tackle,  apparel,  furniture,  equipment,  and  her  cargo  shall  be  for- 
feited to  the  United  States.  (June  25, 1948,  ch.  645,  62  Stat.  748.) 

[See  18  U.S.C.  963  (S.  Rept.  598).  Supra.] 


18  U.S.C.  1383.  Restrictions  in  military  areas  and  zones 

Whoever,  contrary  to  the  restrictions  applicable  thereto,  enters, 
remains  in,  leaves,  or  commits  any  act  in  any  military  area  or  military 
zone  prescribed  under  the  authority  of  an  Executive  order  of  the  Presi- 
dent, by  the  Secretary  of  the  Army,  or  by  any  military  commander 
designated  by  the  Secretary  of  the  A  rmy,  shall,  if  it  appears  that  he 
knew  or  should  have  known  of  the  existence  and  extent  of  the  restric- 
tions or  order  and  that  his  act  was  in  violation  thereof,  be  fined  not 
more  than  $5,000  or  imprisoned  not  more  than  one  year,  or  both.  (June 
25, 1948, ch.  645, 62  Stat.  765.) 


18  U.S.C.  2153.  Destruction  of  war  material,  war  premises,  or  war 
utilities 

(a)  Whoever,  when  the  United  States  is  at  war,  or  in  times  of 
national  emergency  as  declared  by  the  President  or  the  Congress, 
with  intent  to  injure,  interfere  with,  or  obstruct  the  United  States  or 

[Emphasis  supplied.] 


24-509  O  -  73  -  17 


238 


any  associated  nation  in  preparing  for  or  carrying  on  the  war  or 
defense  activities,  or,  with  reason  to  believe  that  his  act  may  injure, 
interfere  with,  or  obstruct  the  United  States  or  any  associate  nation 
in  preparing  for  or  carrying  on  the  war  or  defense  activities,  will- 
fully injuries,  destroys,  contaminates  or  infects,  or  attempts  to  so 
injure,  destroy,  contaminate  or  infect  any  war  material,  war  prem- 
ises, or  war  utilities,  shall  be  fined  not  more  than  $10,000  or  impris- 
oned not  more  than  thirty  years,  or  both. 

(b)  If  two  or  more  persons  conspire  to  violate  this  section,  and 
one  or  more  of  such  persons  do  any  act  to  effect  the  object  of  the 
conspiracy,  each  of  the  parties  to  such  conspiracy  shall  be  punished 
as  provided  in  subsection  (a)  of  this  section.  (June  25,  1948,  ch.  645, 
62  Stat.  799;  June  30,  1953,  ch.  175,  §  2,  67  Stat.  133;  Sept.  3,  1954, 
ch.  1261,  title  I,  §  102,  68  Stat.  1217.) 


18  U.S.C.  2154.  Production  of  detective  wak  material,  war  premises, 
or  war  trnLrrrES 

(a)  Whoever,  when  the  United  States  is  at  war,  or  in  times  of 
national  emergency  as  declared  by  the  President  or  by  the  Congress, 
with  intent  to  injure,  interfere  with,  or  obstruct  the  United  States  or 
any  associate  nation  in  preparing  for  or  carrying  on  the  war  or 
defense  activities,  or,  with  reason  to  believe  that  his  act  may  injure, 
interfere  with,  or  obstruct  the  United  States  or  any  associate  nation 
in  preparing  for  or  carrying  on  the  war  or  defense  activities,  will- 
fully makes,  constructs,  or  causes  to  be  made  or  constructed  in  a 
defective  manner,  or  attempts  to  make,  construct,  or  cause  to  be 
made  or  constructed  in  a  defective  manner  any  war  material,  war 
premises  or  war  utilities,  or  any  tool,  implement,  machine,  utensil,  or 
receptacle  used  or  employed  in  making,  producing,  manufacturing, 
or  repairing  any  such  war  material,  war  premises  or  war  utilities, 
shall  be  fined  not  more  than  $10,000  or  imprisoned  not  more  than 
thirty  years,  or  both. 

(b)  If  two  or  more  persons  conspire  to  violate  this  section,  and 
one  or  more  of  such  persons  do  any  act  to  effect  the  object  of  the 
conspiracy,  each  of  the  parties  to  such  conspiracy  shall  be  punished 
as  provided  in  subsection  (a)  of  this  section.  (June  25,  1948,  ch.  645, 
62  Stat.  799;  June  30,  1953,  ch.  175,  §  2,  67  Stat.  133;  Sept.  3,  1954, 
ch.  1261,  title  I,  §  103,  68  Stat.  1218.) 


18  U.S.C.  2157.  Temporary  extension  of  sections  2153  and  2154 

(a)  The  provisions  of  sections  2153  and  2154  of  this  title,  as 
amended  and  extended  by  section  1  (a)  (29)  of  the  Emergency 
Powers  Continuation  Act  (66  Stat.  333),  as  further  amended  by 
Public  Law  12,  Eighty-third  Congress,  in  addition  to  coming  into 
full  force  and  effect  in  time  of  war  shall  remain  in  full  force  and 
effect  until  six  months  after  the  termination  of  the  national  emer- 


[Emphasis  supplied.] 


239 


gency  proclaimed  by  the  President  on  December  16,  1950  (Proc. 
2912,  3  C.  F.  E.,  1950  Supp.,  p.  71),  or  such  earlier  date  as  may  be 
prescribed  by  concurrent  resolution  of  the  Congress,  and  acts  which 
would  give  rise  to  legal  consequences  and  penalities  under  any  of 
these  provisions  when  performed  during  a  state  of  war  shall  give 
rise  to  the  same  legal  consequences  and  penalties  when  they  are  per- 
formed during  the  period  above  provided  for. 

(b)  Effective  in  each  case  for  the  period  above  provided  for,  title 
18,  United  States  Code,  section  2151,  is  amended  by  inserting  the 
words  "or  defense  activities"  immediately  before  the  period  at  the 
end  of  the  definition  of  "war  material",  and  said  sections  2153  and 
2154  are  amended  by  inserting  the  words  "or  defense  activities" 
immediately  after  the  words  "carrying  on  the  war"  wherever  they 
appear  therein.  (Added  June  30, 1953,  ch.  175,  §  2,  67  Stat.  133.) 

—NOTE— 

Excerpt  From  Senate  Reft.  409,  83d  Cong.,  1st  Sess.  (1953) 

The  general  purpose  of  the  bill  here  reported  is  to  further 
extend  the  wartime  effectiveness  of  the  provisions  of  the 
Emergency  Powers  Continuation  Act  until  6  months  after 
the  termination  of  the  existing  national  emergency  pro- 
claimed December  16,  1950. 


18  U.S.C.  2391.  Temporary  extension  or  section  2388 

The  provisions  of  section  2388  of  this  title,  as  amended  and 
extended  by  section  1  (a)  (29)  of  the  Emergency  Powers  Continua- 
tion Act  (66  Stat.  333),  as  further  amended  by  Public  Law  12, 
Eighty-third  Congress,  in  addition  to  coming  into  full  force  and 
effect  in  time  of  war  shall  remain  in  full  force  and  effect  until  six 
months  after  the  termination  of  the  national  emergency  proclaimed 
by  the  President  on  December  16,  1950  (Proc.  2912,  3  C.  F.  R.,  1950 
Supp.,  p.  71),  or  such  earlier  date  as  may  be  prescribed  by  concur- 
rent resolution  of  the  Congress,  and  acts  which  would  give  rise  to 
legal  consequences  and  penalties  under  section  2388  when  performed 
during  a  state  of  war  shall  give  rise  to  the  same  legal  consequences 
and  penalties  when  they  are  performed  during  the  period  above  pro- 
vided for.  (Added  June  30, 1953,  ch.  175,  §  6,  67  Stat.  134.) 

— N  0  T  E — 

Excerpt  From  Senate  Reft.  409,  83d  Cong.,  1st  Sess.  (1953) 

the  need  for  this  legislation 

The  committee  is  of  the  opinion  that  while  the  United 
States  is  not  presently  in  a  state  of  war,  the  existing  national 
emergency  proclaimed  by  the  President  and  the  promotion  of 

[Emphasis  supplied.] 


240 


the  program  for  expansion  of  our  Military  Establishment,  as 
well  as  the  prosecution  of  the  Korean  conflict,  demand  the 
continuation  of  the  wartime  effectiveness  of  the  present  law. 
Indeed,  it  has  become  increasingly  apparent  in  recent  years 
that  the  commission  of  acts  of  espionage  during  a  period  of 
national  emergency,  but  when  our  country  is  not  in  a  declared 
state  of  war,  can  be  just  as  harmful  to  our  Nation,  and  con- 
ceivably even  more  catastrophic,  as  when  committed  in  war- 
time, when  we  are  on  guard  for  any  attack. 


18  U.S.C.  2511.  Interception  and  disclosure  of  wire  or  oral 

COMMUNICATIONS  PROHIBITED 

(1)  Except  as  otherwise  specifically  provided  in  this  chapter  any 
person  who — 

(a)  willfully  intercepts,  endeavors  to  intercept,  or  procures  any 
other  person  to  intercept  or  endeavor  to  intercept,  any  wire  or  oral 
communication ; 

(b)  willfully  uses,  endeavors  to  use,  or  procures  any  other  person 
to  use  or  endeavor  to  use  any  States  Code,  to  intercept  a  wire,  com- 
munication, or  oral  communication  transmitted  by  radio,  or  to  dis- 
close or  use  the  information  thereby  obtained. 

(c)  It  shall  not  be  unlawful  under  this  chapter  for  a  person 
acting  under  color  of  law  to  intercept  a  wire  or  oral  communication, 
where  such  person  is  a  party  to  the  communication  or  one  of  the 
parties  to  the  communication  has  given  prior  consent  to  such  inter- 
ception. 

(d)  It  shall  not  be  unlawful  under  this  chapter  for  a  person  not 
acting  under  color  of  law  to  intercept  a  wire  or  oral  communication 
where  such  person  is  a  party  to  the  communication  or  where  one  of 
the  parties  to  the  communication  has  given  prior  consent  to  such 
interception  unless  such  communication  is  intercepted  for  the  pur- 
pose of  committing  any  criminal  or  tortious  act  in  violation  of  the 
Constitution  or  laws  of  the  United  States  or  of  any  State  or  for  the 
purpose  of  committing  any  other  injurious  act. 

(3)  Nothing  contained  in  this  chapter  or  in  section  605  of  the 
Communications  Act  of  1934  (48  Stat.  1143;  47  U.S.C.  605)  shall 
limit  the  constitutional  power  of  the  President  to  take  such  measures 
as  he  deems  necessary  to  protect  the  Nation  against  actual  or  poten- 
tial attack  or  other  hostile  acts  of  a  foreign  power,  to  obtain  foreign 
intelligence  information  deemed  essential  to  the  security  of  the 
United  States,  or  to  protect  national  security  information  against 
foreign  intelligence  activities.  Nor  shall  anything  contained  in  this 
chapter  be  deemed  to  limit  the  constitutional  power  of  the  President 
to  take  such  measures  as  he  deems  necessary  to  protect  the  United 
States  against  the  overthrow  of  the  Government  by  force  or  other 
unlawful  means,  or  against  any  other  clear  and  present  danger  to 
the  structure  or  existence  of  the  Government.  The  contents  of  any 

[Emphasis  supplied.] 


241 


wire  or  oral  communication  intercepted  by  authority  of  the  Presi- 
dent in  the  exercise  of  the  foregoing  powers  may  be  received  in  evi- 
dence in  any  trial  hearing,  or  other  proceeding  only  where  such 
interception  was  reasonable,  and  shall  not  be  otherwise  used  or  dis- 
closed except  as  is  necessary  to  implement  that  power.  (Added  Pub. 
L.  90-351,  title  III,  §  802,  June  19,  1968,  82  Stat.  213,  and  amended 
Pub.  L.  91-358,  title  II,  §  211(a),  July  29, 1970,  84  Stat.  654.) 

— N  O  T  E — 

Excerpt  from  114  Cong.  Rec.  14469  (Mat  22,  1968) 
Omnibus  Crime  Control  and  Safe  Streets  Act  of  1967 

The  Senate  resumed  the  consideration  of  the  bill  (S.  917)  to  assist  State 
and  local  governments  in  reducing  the  incidence  of  crime,  to  increase  the  effec- 
tiveness, fairness,  and  coordination  of  law  enforcement  and  criminal  justice 
systems  at  all  levels  of  government,  and  for  other  purposes. 

Mr.  McClellan.  Mr.  President,  before  proceeding  to  the  amendments  to  title  III, 
I  should  like  to  give  a  brief  history  of  this  legislation  and  a  short  statement  of 
what  it  intends  to  accomplish. 

Title  III  is  essentially  a  combination  of  S.  675,  the  Federal  Wire  Intercep- 
tion Act,  which  I  introduced  on  January  25,  1967,  and  S.  2050,  the  Electronic 
Surveillance  Control  Act  of  1967,  introduced  by  Senator  Hbtjska  on  June  29, 
1967. 

Subsequent  to  the  introduction  of  S.  675,  the  U.S.  Supreme  Court,  on  June 
12,  1967,  handed  down  the  decision  in  Berger  v.  New  York,  388  U.S.  41,  which 
declared  unconstitutional  the  New  York  State  statute  authorizing  electronic 
eavesdropping,  bugging,  by  law-enforcement  officers  in  investigating  certain 
types  of  crimes.  The  Court  held  that  the  New  York  statute,  on  its  face,  failed 
to  meet  certain  constitutional  standards.  In  the  course  of  the  opinion,  the 
Court  delineated  the  constitutional  criteria  that  electronic  surveillance  legisla- 
tion should  contain.  Title  III  was  drafted  to  meet  these  standards  and  to  con- 
form with  Katz  v.  United  States,  389  U.S.  347  (1967). 

Title  III  has  as  its  dual  purpose,  first,  protecting  the  privacy  of  wire  and 
oral  communications ;  and  second,  delineating  on  a  uniform  baeis  the  circum- 
stances and  conditions  under  which  the  interception  of  wire  and  oral  communi- 
cations may  be  authorized.  To  assure  the  privacy  of  oral  and  wire  communica- 
tions, title  III  prohibits  all  wiretapping  and  electronic  surveillance  by  persons 
other  than  duly  authorized  law  enforcement  officers  engaged  in  the  investiga- 
tion or  prevention  of  specified  types  of  serious  crimes,  and  only  after  authori- 
zation of  a  court  order  obtained  after  a  showing  and  finding  of  probable  cause. 
The  only  exceptions  to  the  above  prohibition  are,  first,  the  power  of  the  Presi- 
dent to  obtain  information  by  such  means  as  he  may  deem  necessary  to  protect 
the  Nation  from  attack  or  hostile  acts  of  a  foreign  power,  to  obtain 
intelligence  information  essential  to  the  Nation's  security,  and  to  protect  the 
internal  security  of  the  United  States  from  those  who  advocate  its  overthrow 
by  force  or  other  unlawful  means ;  second,  employees  of  the  Federal  Communi- 
cations Commission  may,  in  the  normal  course  of  employment,  intercept  and 
disclose  wire  communications  in  the  discharge  of  the  monitoring  responsibil- 
ities discharged  by  the  Commission  in  the  enforcement  of  chapter  5  of  title  47 
of  the  United  States  Code ;  and  third,  employees  of  a  communication  common 
carrier  may  intercept  and  disclose  wire  communications  in  the  normal  course 
of  their  employment  while  engaged  in  any  activity  necessary  to  the  rendition 
of  service,  or  protection  of  the  rights  or  property  of  the  carrier  of  such 
communication. 

Mr.  President,  in  drafting  this  legislation,  we  have  been  most  careful  to 
include  every  possible  constitutional  safeguard  for  the  righte  of  individual  pri- 
vacy while,  at  the  same  time,  drafting  a  bill  under  which  law-enforcement 


242 


officers  could  use  electronic  surveillance  techniques  to  effectively  combat  orga- 
nized crime. 

Legislation  containing  the  safeguards  and  meeting  the  constitutional  stand- 
ards set  out  in  title  III,  which  grants  to  law  enforcement  officers  authority  to 
use  electronic  surveillance  techniques  in  the  investigation  of  major  crimes  and 
upon  obtaining  a  court  order  has  been  endorsed  by  the  following  groups  and 
organizations : 

The  President's  Commission  on  Law  Enforcement  and  Administration  of 
Justice. 

The  Judicial  Conference  of  the  United  States. 
National  Association  of  Attorneys  General. 
National  District  Attorneys  Association. 
Association  of  Federal  Investigators. 
The  National  Council  on  Crime  and  Delinquency. 

Mr.  President,  it  has  also  been  endorsed  by  many  others.  I  shall  not  take 
the  time  to  list  all  of  them,  but  by  way  of  emphasis  I  may  say  that  this  char- 
acter of  legislation  has  been  recommended  by  every  Attorney  General  since 
1931,  excepting  the  present  Attorney  General. 

Mr.  President,  I  simply  want  to  add  that  the  Federal  Government,  through 
its  Department  of  Justice,  takes  the  position  that  this  character  of  evidence 
and  this  method  of  attaining  evidence  of  crime  is  necessary,  that  it  is  essen- 
tial, and  that  it  is  indispensable  with  respect  to  maintaining  our  national  secu- 
rity. This  bill  grants  the  President  the  right  to  wiretap  and  to  use  electronic 
surveillances  without  obtaining  an  order  of  court 

Now,  Mr.  President,  if  such  techniques  and  procedures  are  necessary  to  pro- 
tect our  Government  from  any  danger  that  threatens  from  without,  from 
another  country,  surely  it  is  also  justified  in  the  protection  of  our  country  in 
the  proper  use  against  the  crime  wave  that  is  sweeping  this  Nation  today, 
which  is,  with  all  of  its  force  and  potentials,  a  great  danger  to  our  internal 
security. 

The  greatest  danger  to  America  today  is  not  from  without;  the  greatest 
danger  to  America  at  this  hour  is  the  lawlessness,  the  violence,  and  the  orga- 
nized syndicated  crime  that  prevails  within. 

This  title  of  the  bill  seeks  to  give  to  our  law  enforcement  agencies  a  weapon 
that  is  essential,  that  is  necessary,  and  the  use  of  which  against  organized 
crime  is  becoming  more  imperative  as  each  day  passes.  If  we  have  this  weapon 
we  can  wage  a  successful  war  against  crime— particularly  organized  crime. 


18  U.S.C.  3287.  Wartime  suspension  of  limitations 

When  the  United  States  is  at  war  the  running  of  any  statute  of 
limitations  applicable  to  any  offense  (1)  involving  fraud  or 
attempted  fraud  against  the  United  States  or  any  agency  thereof  in 
any  manner,  whether  by  conspiracy  or  not,  or  (2)  committed  in 
connection  with  the  acquisition,  care,  handling,  custody,  control  or 
disposition  of  any  real  or  personal  property  of  the  United  States,  or 
(3)  committed  in  connection  with  the  negotiation,  procurement, 
award,  performance,  payment  for,  interim  financing,  cancelation,  or 
other  termination  or  settlement,  of  any  contract,  subcontract,  or  pur- 
chase order  which  is  connected  with  or  related  to  the  prosecution  of 
the  war,  or  with  any  disposition  of  termination  inventory  by  any 
war  contractor  or  Government  agency,  shall  be  suspended  wntU,  three 
years  after  the  termination  of  hostilities  as  proclaimed  by  the  Presi- 
dent or  by  a  concurrent  resolution  of  Congress. 

Definitions  of  terms  in  section  103  of  title  41  shall  apply  to  simi- 
lar terms  used  in  this  section.  (June  25,  1948,  ch.  645,  62  Stat.  828.) 

[Emphasis  supplied.] 


243 


—NOTE— 

Excerpt  from  House  Reft.  304,  80th  Cong.,  1st  Sess.  (1947) 

The  phrase  "when  the  United  States  is  at  war"  was 
inserted  at  the  beginning  of  this  section  to  make  it  perma- 
nent instead  of  temporary  legislation,  and  to  obviate  the 
necessity  of  reenacting  such  legislation  in  the  future.  This 
permitted  the  elimination  of  references  to  dates  and  to  the 
provision  limiting  the  application  of  the  section  to  transac- 
tions not  yet  fully  barred.  When  the  provisions  of  the  War 
Contract  Settlements  Act  of  1944,  upon  which  this  section 
is  based,  are  considered  in  connection  with  said  section  590a 
which  it  amends,  it  is  obvious  that  no  purpose  can  be  served 
now  by  the  provisions  omitted. 

—NOTE— 

Excerpt  from  Senate  Rept.  836,  78th  Cong.,  2d  Sess.  (1944) 

The  need  for  protecting  the  Government  against  the 
waste  of  funds  and  fraud  is  equally  clear,  and  S.  1718  as 
amended  fully  protects  the  Government  in  the  following 
manner : 

(1)  The  full  responsibility  for  settling  terminated  war  con- 
tracts has  been  placed  squarely  upon  the  shoulders  of  the  con- 
tracting agencies  and  they  cannot  escape  that  responsibility. 
The  contracting  agencies  who  made  the  contracts,  are  familiar 
with  the  contracts,  and  any  attempt  to  let  them  escape  their 
responsibility  of  properly  settling  such  contracts  in  case  of 
termination  must  be  avoided. 


Title  19 — Customs  Duties 


19  U.S.C.  1318.  Emergencies 

Whenever  the  President  shall  by  proclamation  declare  an  emer- 
gency to  exist  by  reason  of  a  state  of  war,  or  otherwise,  he  may 
authorize  the  Secretary  of  the  Treasury  to  extend  during  the  contin- 
uance of  such  emergency  the  time  herein  prescribed  for  the  perform- 
ance of  any  act,  and  may  authorize  the  Secretary  of  the  Treasury  to 
permit,  under  such  regulations  as  the  Secretary  of  the  Treasury  may 
prescribe,  the  importation  free  of  duty  of  food,  clothing,  and  medi- 
cal, surgical,  and  other  supplies  for  use  in  emergency  relief  work. 
The  Secretary  of  the  Treasury  shall  report  to  the  Congress  any 
action  taken  under  the  provisions  of  this  section.  (June  17,  1930,  ch. 
497,  title  III,  §  318,  46  Stat.  696.) 

[Emphasis  supplied.] 


244 


19  U.S.C.  1351.  Foreign  trade  agreements 

(a)  Authority  of  President;  modification  and  decrease  of  duties; 
altering  import  restrictions. 

(1)  For  the  purpose  of  expanding  foreign  markets  for  the  prod- 
ucts of  the  United  States  (as  a  means  of  assisting  in  establishing 
and  maintaining  a  better  relationship  among  various  branches  of 
American  agriculture,  industry,  mining,  and  commerce)  by  regulat- 
ing the  admission  of  foreign  goods  into  the  United  States  in  accord- 
ance with  the  characteristics  and  needs  of  various  branches  of  Amer- 
ican production  so  that  foreign  markets  will  be  made  available  to 
those  branches  of  American  production  which  require  and  are  capa- 
ble of  developing  such  outlets  by  affording  corresponding  market 
opportunities  for  foreign  products  in  the  United  States,  the  Presi- 
dent, whenever  he  finds  as  a  fact  that  any  existing  duties  or  other 
imnort  restrictions  of  the  United  States  or  any  foreign  country  are 
unduly  burdening  and  restricting  the  foreign  trade  of  the  United 
States  and  that  the  purpose  above  declared  will  be  promoted  by  the 
means  hereinafter  specified,  is  authorized  from  time  to  time — 

(A)  To  enter  into  foreign  trade  agreements  with  foreign  gov- 
ernments or  instrumentalities  there:  Provided,  That  the  enact- 
ment of  the  Trade  Agreements  Extension  Act  of  1955  shall  not 
be  construed  to  determine  or  indicate  the  approval  or  disap- 
proval by  the  Congress  of  the  executive  agreement  known  as  the 
General  Agreement  on  Tariffs  and  Trade. 

(B)  To  proclaim  such  modifications  of  existing  duties  and 
other  import  restrictions,  or  such  additional  import  restrictions, 
or  such  continuance,  and  for  such  minimum  periods,  of  existing 
customs  or  excise  treatment  of  any  article  covered  by  foreign 
trade,  agreements,  as  are  required  or  appropriate  to  carrv  out 
anv  foreign  trade  agreement  that  the  President  has  entered  into 
hereunder. 

(2)  No  proclamation  pursuant  to  paragraph  (1)  (B)  of  this 
subsection  shall  be  made — 

(A)  Increasing  by  more  than  50  per  centum  any  rate  of  duty 
existing  on  Jnlv  1,  1934;  excent  that  a  specific  rate  of  duty 
existing  on  .Tulv  1.  1934,  may  be  converted  to  its  ad  valorem 
equivalent  based  on  the  value  of  imports  of  the  article  con- 
cerned during  the  calendar  vear  1934  (determined  in  the  same 
manner  as  provided  in  subparagraph  (D)(ii))  and  the  procla- 
mation may  provide  an  ad  valorem  rate  of  duty  not  in  excess  of 
50  per  centum  above  such  ad  valorem  equivalent. 

(B)  Transferring  any  article  between  the  dutiable  and  free 
lists. 

(C)  In  order  to  carry  out  a  foreign  trade  agreement  entered 
into  by  the  President  before  June  12,  1955,  or  with  respect  to 
which  notice  of  intention  to  negotiate  was  published  in  the  Fed- 
eral Register  on  November  16,  1954,  decreasing  by  more  than  50 
per  centum  any  rate  of  duty  existing  on  January  1, 1945. 

(D)  In  order  to  carry  out  a  foreign  trade  agreement  entered 
into  by  the  President  on  or  after  June  12,  1955,  and  before  July 

[Emphasis  supplied.] 


245 


1,  1958,  decreasing  (except  as  provided  in  subparagraph  (C)  of 
this  paragraph)  any  rate  of  duty  below  the  lowest  of  the  fol- 
lowing rates : 

(i)  The  rate  15  per  centum  below  the  rate  existing  on 
January  1, 1955. 

(ii)  In  the  case  of  any  article  subject  to  an  ad  valorem 
rate  of  duty  above  50  per  centum  (or  a  combination  of  ad 
valorem  rates  aggregating  more  than  50  per  centum),  the 
rate  50  per  centum  ad  valorem  (or  a  combination  of  ad 
valorem  rates  aggregating  50  per  centum).  In  the  case  of 
any  article  subject  to  a  specific  rate  of  duty  (or  a  combina- 
tion of  rates  including  a  specific  rate)  the  ad  valorem  equiv- 
alent of  which  has  been  determined  by  the  President  to 
have  been  above  50  per  centum  during  a  period  determined 
by  the  President  to  be  a  representative  period,  the  rate  50 
per  centum  ad  valorem  or  the  rate  (or  a  combination  of 
rates),  however  stated,  the  ad  valorem  equivalent  of  which 
the  President  determines  would  have  been  50  per  centum 
during  such  period.  The  standards  of  valuation  contained  in 
section  1401a  or  1402  of  this  title  (as  in  effect,  with  respect 
to  the  article  concerned,  during  the  representative  period) 
shall  be  utilized  by  the  President,  to  the  maximum  extent 
he  finds  such  utilization  practicable,  in  making  the  determi- 
nations under  the  preceding  sentence. 

(E)  In  order  to  carry  out  a  foreign  trade  agreement  entered 
into  by  the  President  on  or  after  July  1,  1958,  decreasing  any 
rate  of  duty  below  the  lowest  of  the  rates  provided  for  in  para- 
graph (4)  (A)  of  this  subsection. 
(3)  (A)  Subiect  to  the  provisions  of  subparagraphs  (B)  and  (C) 
of  this  paragraph  and  of  subparagraph  (B)  of  paragraph  (4)  of 
this  subsection,  the  provisions  of  any  proclamation  made  under  par- 
agraph (1)  (B)  of  this  subsection,  and  the  provisions  of  any  procla- 
mation of  suspension  under  paragraph  (5)  of  this  subsection,  shall  be 
in  effect  from  and  after  such  time  as  is  specified  in  the  proclamation. 

(B)  In  the  case  of  any  decrease  in  duty  to  which  paragraph  (2) 
(D)  of  this  subsection  applies — 

(i)  if  the  total  amount  of  the  decrease  under  the  foreign 
trade  agreement  does  not  exceed  15  per  centum  of  the  rate  exist- 
ing on  January  1,  1955,  the  amount  of  decrease  becoming  ini- 
tially effective  at  one  time  shnll  not  exceed  5  per  centum  of  the 
rate  existing  on  January  1,  1955 ; 

(ii)  except  as  provided  in  clause  (i),  not  more  than  one-third 
of  the  total  amount  of  the  decrease  under  the  foreign  trade 
agreement  shall  become  initially  effective  at  one  time;  and 

(iii)  no  part  of  the  decrease  after  the  first  part  shall  become 
initially  effective  until  the  immediately  previous  part  shall  have 
been  in  effect  for  a  period  or  periods  aggregating  not  less  than 
one  year. 

(C)  No  part  of  any  decrease  in  duty  to  which  the  alternative 
specified  in  paragraph  (2)  (D)  (i)  of  this  subsection  applies  shall 
become  initially  effective  after  the  expiration  of  the  three-year 


246 


period  which  begins  on  July  1,  1955.  If  any  part  of  such  decrease 
has  become  effective,  then  for  purposes  of  this  subparagraph  any 
time  thereafter  during  which  such  part  of  the  decrease  is  not  in 
effect  by  reason  of  legislation  of  the  United  States  or  action  thereun- 
der shall  be  excluded  in  determining  when  the  three-year  period 
expires. 

(D)  If  (in  order  to  carry  out  a  foreign  trade  agreement  entered 
into  by  the  President  on  or  after  June  12,  1955)  the  President  deter- 
mines that  such  action  will  simplify  the  computation  of  the  amount 
of  duty  imposed  with  respect  to  an  article,  he  may  exceed  any  limi- 
tation specified  in  paragraph  (2)  (C)  or  (D)  or  paragraph  (4)  (A) 
or  (B)  of  this  subsection  or  subparagraph  (B)  of  this  paragraph  by 
not  more  than  whichever  of  the  following  is  lesser : 

(i)  The  difference  between  the  limitation  and  the  next  lower 
whole  number,  or 

(ii)  One-half  of  1  per  centum  ad  valorem. 

In  the  case  of  a  specific  rate  (or  of  a  combination  of  rates  which 
includes  a  specific  rate),  the  one-half  of  1  per  centum  specified  in 
clause  (ii)  of  the  preceding  sentence  shall  be  determined  in  the  same 
manner  as  the  ad  valorem  equivalent  of  rates  not  stated  wholly  in 
ad  valorem  terms  is  determined  for  the  purposes  of  paragraph  (2) 
(D)  (ii)  of  this  subsection. 

(4)  (A)  No  proclamation  pursuant  to  paragraph  (1)  (B)  of  this 
subsection  shall  be  made,  in  order  to  carry  out  a  foreign  trade  agree- 
ment entered  into  by  the  President  on  or  after  July  1,  1958,  decreas- 
ing any  rate  of  duty  below  the  lowest  of  the  following  rates : 

(i)  The  rate  which  would  result  from  decreasing  the  rate 
existing  on  July  1, 1958,  by  20  per  centum  of  such  rate. 

(ii)  Subject  to  paragraph  (2)  (B)  of  this  subsection,  the  rate 
2  per  centum  ad  valorem  below  the  rate  existing  on  July  1, 
1958.  J 

(iii)  The  rate  50  per  centum  ad  valorem  or,  in  the  case  of 
any  article  subject  to  a  specific  rate  of  duty  or  to  a  combination 
of  rates  including  a  specific  rate,  any  rate  (or  combination  of 
rates),  however  stated,  the  ad  valorem  equivalent  of  which  has 
been  determined  as  50  per  centum  ad  valorem. 

The  provisions  of  clauses  (ii)  and  (iii)  of  this  subparagraph  and  of 
subparagraph  (B)  (ii)  of  this  paragraph  shall,  in  the  case  of  any 
article,  subject  to  a  combination  of  ad  valorem  rates  of  duty,  apply 
to  the  aggregate  of  such  rates;  and,  in  the  case  of  any  article,  sub- 
ject to  a  specific  rate  of  duty  or  to  a  combination  of  rates  including 
a  specific  rate,  such  provisions  shall  apply  on  the  basis  of  the  ad 
valorem  equivalent  of  such  rate  or  rates,  during  a  representative 
period  (whether  or  not  such  period  includes  July  1,  1958),  deter- 
mined in  the  same  manner  as  the  ad  valorem  equivalent  of  rates  not 
stated  wholly  in  ad  valorem  terms  is  determined  for  the  purpose  of 
paragraph  (2)(D)(ii)  of  this  subsection. 

(B)  (i)  In  the  case  of  any  decrease  in  duty  to  which  clause  (i)  of 
subparagraph  (A)  of  this  paragraph  applies,  such  decrease  shall 
become  initially  effective  in  not  more  than  four  annual  stages  and 
no  amount  of  decrease  becoming  initially  effective  at  one  time  shall 


247 


exceed  10  per  centum  of  the  rate  of  duty  existing  on  July  1,  1958, 
or,  in  any  case  in  which  the  rate  has  been  increased  since  that  date, 
exceed  such  10  per  centum  or  one-third  of  the  total  amount  of  the 
decrease  under  the  foreign  trade  agreement,  whichever  is  the 
greater. 

(ii)  In  the  case  of  any  decrease  in  duty  to  which  clause  (ii)  of 
subparagraph  (A)  of  this  paragraph  applies,  such  decrease  shall 
become  initially  effective  in  not  more  than  four  annual  stages,  and 
no  amount  of  decrease  becoming  initially  effective  at  one  time  shall 
exceed  1  per  centum  ad  valorem  or,  in  any  case  in  which  the  rate  has 
been  increased  since  July  1,  1958,  exceed  such  1  per  centum  or  one- 
third  of  the  total  amount  of  the  decrease  under  the  foreign  trade 
agreement,  whichever  is  the  greater. 

(iii)  In  the  case  of  any  decrease  in  duty  to  which  clause  (iii)  of 
subparagraph  (A)  of  this  paragraph  applies,  such  decrease  shall 
become  initially  effective  in  not  more  than  four  annual  stages,  and 
no  amount  of  decrease  becoming  initially  effective  at  one  time  shall 
exceed  one-third  of  the  total  amount  of  the  decrease  under  the  for- 
eign trade  agreement. 

(C)  In  the  case  of  any  decrease  in  duty  to  which  subparagraph 
(A)  of  this  paragraph  applies  (i)  no  part  of  a  decrease  after  the 
first  part  shall  become  initially  effective  until  the  immediately  pre- 
vious part  shall  have  been  in  effect  for  a  period  or  periods  aggregat- 
ing not  less  than  one  year,  nor  after  the  first  part  shall  have  been  in 
effect  for  a  period  or  periods  aggregating  more  than  three  years, 
and  (ii)  no  part  of  a  decrease  shall  become  initially  effective  after 
the  expiration  of  the  four-year  period  which  begins  on  July  1,  1962. 
If  any  part  of  a  decrease  has  become  effective,  then  for  the  purposes 
of  clauses  (i)  and  (ii)  of  the  preceding  sentence  any  time  thereafter 
during  which  such  part  of  the  decrease  is  not  in  effect  by  reason  of 
legislation  of  the  United  States  or  action  thereunder  shall  be 
excluded  in  determining  when  the  three-year  period  or  the  four-year 
period,  as  the  case  may  be,  expires. 

(5)  Repealed.  Pub.  L.  87-794,  title  II,  §  257(b),  Oct.  11,  1962,  76 
Stat.  882. 

(6)  The  President  may  at  any  time  terminate,  in  whole  or  in  fart, 
any  'proclamation  made  pursuant  to  this  section. 

(b)  Cuba;  preferential  customs  treatment;  decrease  of  rates. 

Nothing  in  this  section  or  the  Trade  Expansion  Act  of  1962  shall 
be  construed  to  prevent  the  application,  with  respect  to  rates  of  duty 
established  under  this  section  or  the  Trade  Expansion  Act  of  1962 
pursuant  to  agreements  with  countries  other  than  Cuba,  of  the  pro- 
visions of  the  treaty  of  commercial  reciprocity  concluded  between 
the  United  States  and  the  Republic  of  Cuba  on  December  11,  1902, 
or  to  preclude  giving  effect  to  an  agreement  with  Cuba  concluded 
under  this  section  or  the  Trade  Expansion  Act  of  1962,  modifying 
the  existing  preferential  customs  treatment  of  any  article  the 
growth,  produce,  or  manufacture  of  Cuba.  Nothing  in  this  chapter 
or  the  Trade  Expansion  Act  of  1962  shall  be  construed  to  preclude 
the  application  to  any  product  of  Cuba  (including  products  prefer- 

[Empbasis  supplied.] 


248 


entially  free  of  duty)  of  a  rate  of  duty  not  higher  than  the  rate 
applicable  to  the  like  products  of  other  foreign  countries  (except  the 
Philippines),  whether  or  not  the  application  of  such  rate  involves 
any  preferential  customs  treatment.  No  rate  of  duty  on  products  of 
Cuba  shall  be  decreased — 

(1)  In  order  to  carry  out  a  foreign  trade  agreement  entered 
into  by  the  President  before  June  12, 1955,  by  more  than  50  per 
centum  of  the  rate  of  duty  existing  on  January  1,  1945,  with 
respect  to  products  of  Cuba. 

(2)  In  order  to  carry  out  a  foreign  trade  agreement  entered 
into  by  the  President  on  or  after  June  12, 1955,  and  before  July 
1,  1962,  below  the  applicable  alternative  specified  in  subsection 
(a)(2)  (C)  or  (D)  or  (4)  (A)  of  this  section  (subject  to  the 
applicable  provisions  of  subsection  (a)(3)  (B),  (C),  and  (D) 
and  (4)  (B)  and  (C)  of  this  section),  each  such  alternative  to 
be  read  for  the  purposes  of  this  paragraph  as  relating  to  the 
rate  of  duty  applicable  to  products  of  Cuba.  With  respect  to 
products  of  Cuba,  the  limitation  of  subsection  (a)  (2)  (D)  (ii)  or 
(4)  (A)  (iii)  of  this  section  may  be  exceeded  to  such  extent  as 
may  be  required  to  maintain  an  absolute  margin  of  preference 
to  which  such  products  are  entitled. 

(3)  In  order  to  carry  out  a  foreign  trade  agreement  entered 
into  after  June  30,  1962,  and  before  July  1,  1967,  below  .the 
lowest  rate  permissible  bv  applying  title  II  of  the  Trade 
Expansion  Act  of  1962  to  the  rate  of  duty  (however  established, 
and  even  though  temporarily  suspended  by  Act  of  Congress  or 
otherwise)  existing  on  July  1, 1962,  with  respect  to  such  product. 

(c)  Definitions. 

(1)  As  used  in  this  section,  the  term  "duties  and  other  import 
restrictions"  includes  (A)  rate  and  form  of  import  duties  and  classi- 
fication of  articles,  and  (B)  limitations,  prohibitions,  charges,  and 
exactions  other  than  duties,  imposed  on  importation  or  imposed  for 
the  regulation  of  imports. 

(2)  For  purposes  of  this  section — 

(A)  Except  as  provided  in  subsection  (d)  of  this  section,  the 
terms  "existing  on  July  1,  1934",  "existing  on  January  1,  1945", 
"existing  on  January  1,  1955",  and  "existing  on  July  1,  1958" 
refer  to  rates  of  duty  (however  established,  and  even  though 
temporarily  suspended  by  Act  of  Congress  or  otherwise)  exist- 
ing on  the  date  specified,  except  rates  in  effect  by  reason  of 
action  taken  pursuant  to  section  1362  of  this  title. 

(B)  The  term  "existing"  without  the  specification  of  any 
date,  when  used  with  respect  to  any  matter  relating  to  the  con- 
clusion of,  or  proclamation  to  carry  out,  a  foreign  trade  agree- 
ment, means  existing  on  the  day  on  which  that  trade  agreement 
is  entered  into. 

(d)  Rate  basis  for  additional  increases  or  decreases;  restoration  of 
terminated  treaties  forbidden. 

(1)  When  any  rate  of  duty  has  been  increased  or  decreased  for 
the  duration  of  war  or  an  emergency,  by  agreement  or  otherwise, 
[Emphasis  supplied.] 


249 


any  further  increase  or  decrease  shall  be  computed  upon  the  basis  of 
the  post-war  or  post-emergency  rate  carried  in  such  agreement  or 
otherwise. 

(2)  Where  under  a  foreign  trade  agreement  the  United  States  has 
reserved  the  unqualified  right  to  withdraw  or  modify,  after  the  ter- 
mination of  war  or  an  emergency,  a  rate  on  a  specific  commodity, 
the  rate  on  such  commodity  to  be  considered  as  "existing  on  January 
1,  1945"  for  the  purpose  of  this  section  shall  be  the  rate  which 
would  have  existed  if  the  agreement  had  not  been  entered  into. 

(3)  No  proclamation  shall  be  made  pursuant  to  this  section  for 
the  purpose  of  carrying  out  any  foreign  trade  agreement  the  procla- 
mation with  respect  to  which  has  been  terminated  in  whole  by  the 
President  prior  to  July  5,  1945. 

(e)  Repealed.  Pub.  L.  87-794,  title  II,  §  257(b),  Oct.  11,  1962,  76 
Stat.  882. 

(f )  Information  and  advice  from  industry,  agriculture,  and  labor. 
It  is  declared  to  be  the  sense  of  the  Congress  that  the  President, 

during  the  course  of  negotiating  any  foreign  trade  agreement  under 
this  section,  should  seek  information  and  advice  with  respect  to  such 
agreement  from  representatives  of  industry,  agriculture,  and  labor. 
(June  17,  1930,  ch.  497,  title  III.  §  350,  as  added  June  12,  1934,  ch. 
474,  §  1,  48  Stat.  943,  and  amended  June  7,  1943,  ch.  118,  §  2,  57 
Stat.  125;  July  5,  1945,  ch.  269,  §§  2,  3,  59  Stat.  410;  Sept.  26,  1949, 
ch.  585,  §§4,  6,  63  Stat.  698;  June  21,  1955,  ch.  169,  §3,  699  Stat. 
162;  Aug.  20,  1958,  Pub.  L.  85-686,  §  3,  72  Stat.  673;  Oct.  11,  1962, 
Pub.  L.  87-794,  title  II,  §  257(a),  (b),  76  Stat.  881,  882.) 

—NOTE- 
EQUIPMENT  FOR  TRADE  RESTORATION  NEEDED 

If  the  United  States  is  to  compete  successfully  with  other 
countries  to  regain  a  fair  share  of  foreign  trade,  it  is  neces- 
sary that  the  United  States  should  create  machinery 
whereby  it  can  bargain  successfully  for  such  trade.  As  the 
President  said  in  his  message  to  the  Congress : 

Other  governments  are  to  an  ever  increasing  extent  winning  their 
share  of  international  trade  by  negotiated,  reciprocal  trade  agree- 
ments. If  American  agricultural  and  industrial  interests  are  to 
retain  their  deserved  place  in  this  trade,  the  American  Government 
must  be  in  a  position  to  bargain  for  that  place  with  other  govern- 
ments by  rapid  and  decisive  negotiation  based  upon  a  carefully  con- 
sidered program,  and  to  grant  with  discernment  corresponding 
opportunities  in  the  American  market  for  foreign  products  supple- 
mentary to  our  own. 

If  the  American  Government  is  not  in  a  position  to  make  fair  offers 
for  fair  opportunities,  its  trade  will  be  superseded.  If  it  is  not  in  a 
position  at  a  given  moment  rapidly  to  alter  the  terms  on  which  it  is 
willing  to  deal  with  other  countries,  it  cannot  adequately  protect  its 
trade  against  discriminations  and  against  bargains  injurious  to  its 
interests.  Furthermore,  a  promise  to  which  prompt  effect  cannot  be 
given  is  not  an  inducement  which  can  pass  current  at  par  in  commer- 
cial negotiations. 

[Emphasis  supplied.] 


250 


For  this  reason  any  smaller  degree  of  authority  in  the  hands  of 
the  Executive  would  be  ineffective.  The  executive  branches  of  vir- 
tually all  other  important  trading  countries  already  possess  some 
such  power. 

In  most  European  countries  agreements  can  be  made  by 
the  executive  and  put  into  force  at  once.  In  some  countries 
no  parliamentary  ratification  of  any  kind  is  necessary.  In 
the  majority  of  countries  parliamentary  ratification  is  nec- 
essary, but  the  agreements  can  be  made  operative  at  once 
and  parliamentary  ratification  is  largely  a  matter  of  form. 
In  most  important  countries  tariff  changes  can  be  made 
practically  overnight.  In  France  the  Tariff  Committee  of 
the  Chamber  recently  adopted  a  project  of  law  which  until 
the  opening  of  their  session  in  1935,  would  give  to  the  Gov- 
ernment authority  to  modify  the  customs  tariff  by  decree, 
modification  to  be  subject  to  subsequent  ratification  of  Par- 
liament. The  authority,  if  granted,  will  afford  a  high  degree 
of  flexibility  useful  in  commercial  bargaining.  In  Japan  a 
bill  has  recently  been  introduced  into  the  Diet  empowering 
the  executive  to  increase  or  reduce  tariff  rates  and  prohibit 
or  restrict  exports  or  imports. 

******* 

In  order  to  meet  the  difficulties  raised  by  existing  tariff 
and  trade  barriers  throughout  the  world,  foreign  countries 
are  resorting  with  increasing  frequency  to  the  negotiation 
of  commercial  agreements  ba.=ed  upon  tariff  bargaining. 
Since  January  1.  1933.  no  fewer  than  68  of  these  bargaining 
agreements  have  been  made,  covering  customs  concessions  or 
most-favored-nation  treatment,  or  both. 

******* 


19  U.S.C.  1862.  Safeguarding  national  security 

(a)  Prohibition  on  decrease  or  elimination  of  duties  or  other 
import  restrictions  if  such  reduction  or  elimination  would  threaten 
to  impair  national  security. 

No  action  shall  be  taken  pursuant  to  section  1821  (a)  of  this  title 
or  pursuant  to  section  l.'Wl  of  this  title  to  decrease  or  eliminate  the 
duty  or  other  import  restriction  on  anv  article  if  the  President 
determines  that  such  reduction  or  elimination  would  threaten  to 
impair  the  national  security. 

(b)  Investigations  by  Director  of  Office  of  Emergency  Prepared- 
ness to  determine  effects  on  national  security  of  imports' of  articles- 
adjustment  of  imports.  '  ' 

Upon  request  of  the  head  of  any  department  or  agency,  upon 
application  of  nn  interested  party,  or  upon  his  own  motion,  the 
Director  of  the  Office  of  Emergency  Preparedness  (hereinafter  in 
this  section  referred  to  as  the  "director")  shall  immediately  make 

[Emphasis  supplied.] 


251 


an  appropriate  investigation,  in  the  course  of  which  he  shall  seek 
information  and  advice  from  other  appropriate  departments  and 
agencies,  to  determine  the  effects  on  the  national  security  of  imports 
of  the  article  which  is  the  subject  of  such  request,  application,  or 
motion.  If,  as  a  result  of  such  investigation,  the  Director  is  of  the 
opinion  that  the  said  article  is  being  imported  into  the  United 
States  in  such  quantities  or  under  such  circumstances  as  to  threaten 
to  impair  the  national  security,  he  shall  promptly  so  advise  the 
President,  and,  unless  the  President  determines  that  the  article  is 
not  being  imported  into  the  United  States  in  such  quantities  or 
under  such  circumstances  as  to  threaten  to  impair  the  national  secu- 
rity as  set  forth  in  this  section,  he  shall  take  such  action,  and  for 
such  time,  as  he  deems  necessary  to  adjust  the  imports  of  such  arti- 
cle and  its  derivatives  so  that  such  imports  will  not  so  threaten  to 
impair  the  national  security. 

(c)  Domestic  production  for  national  defense;  impact  of  foreign 
competition  on  economic  welfare  of  domestic  industries. 

For  the  purposes  of  this  section,  the  Director  and  the  President 
shall,  in  the  light  of  the  requirements  of  national  security  and  with- 
out excluding  other  relevant  factors,  give  consideration  to  domestic 
production  needed  for  projected  national  defense  requirements,  the 
capacity  of  domestic  industries  to  meet  such  requirements,  existing 
and  anticipated  availabilities  of  the  human  resources,  products,  raw 
materials,  and  other  supplies  and  services  essential  to  the  national 
defense,  the  requirements  of  growth  of  such  industries  and  such  sup- 
plies and  services  including  the  investment,  exploration,  and  devel- 
opment necessary  to  assure  such  growth,  and  the  importation  of 
goods  in  terms  of  their  quantities,  availabilities,  character,  and  use 
as  those  affect  such  industries  and  the  capacity  of  the  United  States 
to  meet  national  security  requirements.  In  the  administration  of  this 
section,  the  Director  and  the  President  shall  further  recognize  the 
close  relation  of  the  economic  welfare  of  the  Nation  to  our  national 
security,  and  shall  take  into  consideration  the  impact  of  foreign 
competition  on  the  economic  welfare  of  individual  domestic  indus- 
tries; and  any  substantial  unemployment,  decrease  in  revenues  of 
government,  loss  of  skills  or  investment,  or  other  serious  effects 
resulting  from  the  displacement  of  any  domestic  products  by  exces- 
sive imports  shall  be  considered,  without  excluding  other  factors,  in 
determining  whether  such  weakening  of  our  internal  economy  may 
impair  the  national  security. 

(d)  Report  on  investigations  by  Director  of  Office  of  Emergency 
Preparedness ;  regulations. 

A  report  shall  be  made  and  published  upon  the  disposition  of  each 
request,  application,  or  motion  under  subsection  (b)  of  this  section. 
The  Director  shall  publish  procedural  regulations  to  give  effect  to 
the  authority  conferred  on  him  by  subsection  (b)  of  this  section. 
(Pub.  L.  87-794,  title  II,  §  232,  Oct.  11, 1962,  76  Stat.  877.) 

[Emphasis  supplied.] 


252 


— N  O  T  E — 

Excerpt  from  House  Rept.  1818,  87th  Cong.,  1st  Sess.  (1962) 

chapter  4  national  security 

Products  of  Communist  Countries  or  Areas 

Section  231  provides  that,  as  an  exception  to  the  most- 
favored-nation  principle,  the  President  shall,  as  soon  as  prac- 
ticable, refrain  from  applying  any  reduction,  elimination, 
or  continuance  of  any  existing  duty  or  other  import  restric- 
tion, or  the  continuance  of  any  existing  duty-free  or  excise 
treatment,  proclaimed  in  carrying  out  any  trade  agreement 
under  title  II  of  the  bill  or  under  section  350  of  the  Tariff 
Act  of  1930  to  products  of  any  country  or  area  dominated 
or  controlled  by  Communism,  whether  imported  directly  or 
indirectly.  It  is  contemplated  that,  in  addition  to  those 
countries  and  areas  which  have  been  designated  pursuant  to 
section  5  of  the  Trade  Agreements  Extension  Act  of  1951. 
upon  the  enactment  of  the  bill  Poland  (and  areas  under  its 
provisional  administration),  Yugoslavia,  and  Cuba  will  be 
designated  pursuant  to  section  231.  In  addition,  action 
under  this  section  is  to  be  taken  if,  in  the  future,  any  addi- 
tional country  or  area  becomes  dominated  or  controlled  by 
Communism.  Action  under  this  section  with  respect  to  any 
country  or  area  may  be  terminated  when  such  country  or 
area  is  no  longer  dominated  or  controlled  by  Communism. 

Safeguarding  National  Security 

Except  for  conforming  changes,  section  232  is  identical 
to,  and  continues  in  effect,  the  provisions  of  section  2  of  the 
Trade  Agreements  Act  approved  July  1,  1954,  as  amended 
by  section  8  of  the  Trade  Agreements  Extension  Act  of 
1958. 

Section  232(a)  provides  that  no  action  is  to  be  taken  pur- 
suant to  the  bill  or  section  350  of  the  Tariff  Act  of  1930  to 
decrease  or  eliminate  the  duty  or  to  decrease  any  other 
import  restriction  on  any  article  if  the  President  determines 
that  the  reduction  or  elimination  would  threaten  to  impair 
the  national  security. 

Section  232(b)  provides  that  upon  request,  application,  or 
notice  from  specified  sources  the  Director  of  the  Office  of 
Emergency  Planning  (OEP)  must  undertake  an  investiga- 
tion to  determine  whether  the  article  is  being  imported  into 
the  United  States  in  such  quantities  or  under  such  circum- 
stances as  to  threaten  to  impair  the  national  security.  If  he 
so  finds,  he  is  required  to  so  advise  the  President,  who  is 
required  to  take  such  action  as  he  deems  necessary  to  adjust 
imports  unless  he  determines  that  the  article  is  not  being 
imported  in  such  quantities  or  under  such  circumstances  as 
to  threaten  to  impair  the  national  security. 


253 


Section  232(c)  enumerates  various  factors  to  which  the 
President  and  the  Director  of  the  OEP  are  to  give  consid- 
eration in  carrying  out  their  functions. 

Section  232(d)  requires  a  report  to  be  made  and  pub- 
lished on  each  final  disposition  of  any  request  for  investiga- 
tion under  section  232(b).  It  also  requires  the  Director  of 
the  OEP  to  publish  procedural  regulations  governing  the 
exercise  of  the  authority  vested  in  him  by  section  232(b) . 


Tithe  20 — Education 


20  U.S.C.  79.  Bareo  Colorado  Island  in  Gatun  Lake  to  re  set  aside 

The  President  is  authorized  and  directed  to  set  aside  within  the 
Canal  Zone  an  area  in  Gatun  Lake  known  as  Barro  Colorado  Island 
in  which  the  natural  features  shall,  except  in  event  of  declared 
national  emergency,  be  left  in  their  natural  state  for  scientific  obser- 
vation and  investigation.  (July  2, 1940,  ch.  516,  §  1,  54  Stat.  724.) 


20  U.S.C.  241-1.  Assistance  for  current  school  expenditures 

IN  CASES  OF  CERTAIN  DISASTERS 

(a)  Eligibility  requirements;  terms;  duration;  maximum  amount. 
In  any  case  in  which — 

(1)  (A)  the  Director  of  the  Office  of  Emergency  Planning 
determines  with  respect  to  any  local  educational  agency  (includ- 
ing for  the  purpose  of  this  section  any  other  public  agency 
which  operates  schools  providing  technical,  vocational,  or  other 
special  education  to  children  of  elementary  or  secondary  school 
age)  that  such  agency  is  located  in  whole  or  in  part  within  an 
area  which  after  August  30,  1965,  and  prior  to  July  1,  1973,  has 
suffered  a  major  disaster  as  the  result  of  any  flood,  drought, 
fire,  hurricane,  earthquake,  storm,  or  other  catastrophe  which,  in 
the  determination  of  the  President  pursuant  to  section  4402(1) 
of  Title  42,  is  or  threatens  to  be  of  sufficient  severity  or  magni- 
tude to  warrant  disaster  assistance  by  the  Federal  Government; 
or 

(B)  the  Commissioner  determines  with  respect  to  any  such 
agency  that  public  elementary  or  secondary  school  facilities  of 
such  agency  have  been  destroyed  or  seriously  damaged  as  a 
result  of  flood,  hurricane,  earthquake,  storm,  fire,  or  other  catas- 
trophe, except  any  such  catastrophe  caused  by  negligence  or 
malicious  action;  and 

(2)  the  Governor  of  the  State  in  which  such  agency  is  located 
has  certified  the  need  for  disaster  assistance  under  this  section,. 


[Emphasis  supplied.] 


254 


and  has  given  assurance  of  expenditure  of  a  reasonable  amount 
of  the  funds  of  the  government  of  such  State,  or  of  any  politi- 
cal subdivision  thereof,  for  the  same  or  similar  purposes  with 
respect  to  such  catastrophe ; 
and  if  the  Commissioner  determines  with  respect  to  such  agency  that^- 

(3)  such  agency  is  utilizing  or  will  utilize  all  State  and  other 
financial  assistance  available  to  it  for  the  purpose  of  meeting 
the  cost  of  providing  free  public  education  for  the  children 
attending  the  schools  of  such  agency,  but  as  a  result  of  such  dis- 
aster it  is  unable  to  obtain  sufficient  funds  for  such  purpose  and 
requires  an  amount  of  additional  assistance  equal  to  at  least 
$1,000  or  one-half  of  1  per  centum  of  such  agency's  current 
operating  expenditures  during  the  fiscal  year  preceding  the  one 
in  which  such  disaster  occurred,  whichever  is  less,  and 

(4)  in  the  case  of  any  such  major  disaster  to  the  extent  that 
the  operation  of  private  elementary  and  secondary  schools  in  the 
school  attendance  area  of  such  local  educational  agency  has  been 
disrupted  or  impaired  by  such  disaster,  such  local  educational 
agency  has  made  provisions  for  the  conduct  of  educational  pro- 
grams under  public  auspices  and  administration  in  which  chil- 
dren enrolled  in  such  private  elementary  and  secondary  schools 
may  attend  and  participate.  Provided,  That  nothing  contained 
in  this  chapter  shall  be  construed  to  authorize  the  making  of 
any  payment  under  this  chapter  for  religious  worship  or 
instruction, 

the  Commissioner  may  provide  to  such  agency  the  additional  assist- 
ance necessary  to  provide  free  public  education  to  the  children 
attending  the  schools  of  such  agency,  upon  such  terms  and  in  such 
amounts  (subject  to  the  provisions  of  this  section)  as  the  Commis- 
sioner may  consider  to  be  in  the  public  interest.  Such  additional 
assistance  may  be  provided  for  a  period  not  greater  than  a  five- 
fiscal-year  period  beginning  with  the  fiscal  year  in  which  it  is  deter- 
mined pursuant  to  clause  (1)  of  this  subsection  that  such  agency 
suffered  a  disaster.  The  amount  so  provided  for  any  fiscal  year  shall 
not  exceed  the  amount  which  the  Commissioner  determines  to  be 
necessary  to  enable  such  agency,  with  the  State,  local,  and  other 
Federal  funds  available  to  it  for  such  purpose,  to  provide  a  level  of 
education  equivalent  to  that  maintained  in  the  schools  of  such 
agency  prior  to  the  occurrence  of  such  disaster,  taking  into  account 
the  additional  costs  reasonably  necessary  to  carry  out  the  provisions 
of  clause  (4)  of  this  subsection.  The  amount,  if  any,  so  provided  for 
the  second,  third,  and  fourth  fiscal  years  following  the  fiscal  year  in 
which  it  is  so  determined  that  such  agency  has  suffered  a  disaster 
shall  not  exceed  75  per  centum,  50  per  centum,  and  25  per  centum, 
respectively,  of  the  amount  so  provided  for  the  first  fiscal  year  fol- 
lowing such  determination. 

(b)  Additional  funds  for  replacing  supplies  and  equipment, 
making  minor  repairs,  and  leasing  temporary  facilities. 

In  addition  to  and  apart  from  the  funds  provided  under  subsec- 
tion (a)  of  this  section,  the  Commissioner  is  authorized  to  provide  to 
such  agency  an  amount  which  he  determines  to  be  necessary  to 


255 


replace  instructional  and  maintenance  supplies,  equipment,  and 
materials  (including  textbooks)  destroyed  or  seriously  damaged  as  a 
result  of  such  disaster,  to  make  minor  repairs,  and  to  lease  or  other- 
wise provide  (other  than  by  acquisition  of  land  or  erection  of  facili- 
ties) school  and  cafeteria  facilities  needed  to  replace  temporarily 
such  facilities  which  have  been  made  unavailable  as  a  result  of  the 
disaster. 

(c)  Authorization  of  appropriations;  expenditure  of  sums  pend- 
ing appropriation. 

There  is  hereby  authorized  to  be  appropriated  for  each  fiscal  year 
such  amounts  as  may  be  necessary  to  carry  out  the  provisions  of  this 
section.  Pending  such  appropriation,  the  Commissioner  may  expend 
(without  regard  to  subsections  (a)  and  (e)  of  section  665  of  Title 
31)  from  any  funds  heretofore  or  hereafter  appropriated  for 
expenditure  in  accordance  with  other  sections  of  this  chapter,  such 
sums  as  may  be  necessary  for  immediately  providing  assistance 
under  this  section,  such  appropriations  to  be  reimbursed  from  the 
appropriations  authorized  by  this  subsection  when  made. 

(d)  Applications;  priority  of  approvals. 

No  payment  may  be  made  to  any  local  educational  agency  under 
this  section  except  upon  application  therefor  which  is  submitted 
through  the  appropriate  State  educational  agency  and  is  filed  with 
the  Commissioner  in  accordance  with  regulations  prescribed  by  him. 
In  determining  the  order  in  which  such  applications  shall  be 
approved,  the  Commissioner  shall  consider  the  relative  educational 
and  financial  needs  of  the  local  educational  agencies  which  have  sub- 
mitted approvable  applications. 

(e)  Payments  to  local  agencies;  repayment  of  unexpended  funds. 
Amounts  paid  by  the  Commissioner  to  local  educational  agencies 

under  this  section  may  be  paid  in  advance  or  by  way  of  reimburse- 
ment and  in  such  installments  as  the  Commissioner  may  determine. 
Any  funds  paid  to  a  local  educational  agency  and  not  expended  or 
otherwise  used  for  the  purposes  for  which  paid  shall  be  repaid  to 
the  Treasury  of  the  United  States.  (Sept.  30,  1950,  ch.  1124,  title  I, 
§  7,  as  added  Nov.  1,  1965,  Pub.  L.  89-313,  §  2,  79  Stat.  1159,  and 
amended  Jan.  2,  1968,  Pub.  L.  90-247,  title  II,  §  218,  81  Stat.  811 ; 
Apr.  13,  1970,  Pub.  L.  91-230,  title  II,  §  201(c),  84  Stat.  154;  Dec. 
31, 1970,  Pub.  L.  91-606,  title  III,  §  301(e),  84  Stat.  1759.) 

— NOTE— 

Excerpt  from  House  Kept.  188,  91st  Cong.,  2d  Sess.  (1970) 

It  is,  of  course,  impossible  to  determine  the  conditions 
which  will  exist  under  emergencies  created  by  a  flood,  tor- 
nado, earthquake,  fire,  or  other  catastrophe.  For  this  reason, 
it  is  the  purpose  of  the  provision  to  provide  Federal  finan- 
cial assistance  for  those  aspects  of  a  local  district's  plan 
which  are  designed  to  assure  the  continued  education  of  all 
children  in  the  area  served  by  the  school  district,  during  the 
•period  of  emergency — irrespective  of  whether  or  not  such 
children  are  enrolled  in  public  or  private  schools.  Where 
public  school  facilities  are  damaged  or  are  otherwise  inade- 

[Emphasis  supplied.] 


256 


quate  to  accommodate  all  the  children,  the  local  school  dis- 
trict could  provide  for  the  rental  or  lease  of  public  or  other 
undamaged  facilities  to  accommodate  teachers  and  pupils 
from  public  and  private  schools  during  the  period  of 
adjustment  from  the  disaster.  ,     .    ,  i 

In  this  respect  Federal  funds  are  authorized  to  supple- 
ment all  other  funds  available  to  provide  a  level  of  educa- 
tion equivalent  to  that  maintained  in  the  schools  of  such 
local  public  school  agency  during  the  last  full  fiscal  year 
prior  to  the  occurrence  of  the  major  disaster,  taking  into 
account  the  additional  cost  reasonably  necessary  for  the 
local  public  school  district  to  provide  teachers,  equipment, 
and  materials  in  an  expanded  school  program  to  accommo- 
date private  school  students  whose  school  operations  were 
impaired  or  entirely  disrupted  as  a  result  of  the  disaster. 


20  U.S.C.  646.  Assistance  in  cases  of  certain  disasters 

(a)  Eligibility  requirements;  maximum  amount;  form,  terms  and 
conditions. 

In  any  case  in  which — 

(1)  (A)  the  Director  of  the  Office  of  Emergency  Flammi-w 
determines  with  respect  to  any  local  educational  agency  (includ- 
ing for  the  purpose  of  this  section  any  other  public  agency 
which  operates  schools  providing  technical,  vocational,  or  other 
special  education  to  children  of  elementary  or  secondary  school 
age)  that  such  agency  is  located  in  whole  or  in  part  within  an 
area  which,  after  August  30, 1965,  and  prior  to  July  1,  1973,  has 
suffered  a  major  disaster  as  the  result  of  any  flood,  drought, 
fire,  hurricane,  earthquake,  storm,  or  other  catastrophe  which,  in 
the  determination  of  the  President  pursuant  to  section  4402(1) 
of  Title  42,  is  or  threatens  to  be  of  sufficient  severity  or  magni- 
tude to  warrant  disaster  assistance  by  the  Federal  Government; 
or 

(B)  the  Commissioner  determines  with  respect  to  any  such 
agency  that  public  elementary  or  secondary  school  facilities  (or, 
in  the  case  of  a  public  agency  other  than  a  local  educational 
agency,  school  facilities  providing  technical,  vocational,  or  other 
special  education  to  children  of  elementary  or  secondary  school 
age)  of  such  agency  have  been  destroyed  or  seriously  damaged 
as  a  result  of  flood,  hurricane,  earthquake,  storm,  fire,  or  other 
catastrophe,  except  any  such  catastrophe  caused  by  negligence 
or  malicious  action;  and 

(2)  the  Governor  of  the  State  in  which  such  agency  is  located 
has  certified  the  need  for  disaster  assistance  under  this  section, 
and  has  given  assurance  of  expenditure  of  a  reasonable  amount 
of  the  funds  of  the  government  of  such  State,  or  of  any  politi- 
cal subdivision  thereof,  for  the  same  or  similar  purposes  with 
respect  to  such  catastrophe; 


[Emphasis  supplied.] 


257 


and  if  the  Commissioner  determines  with  respect  to  such  agency 
that— 

(3)  as  a  result  of  such  major  disaster,  (A)  public  elementary 
or  secondary  school  facilities  of  such  agency  (or,  in  the  case  of 
a  public  agency  other  than  a  local  educational  agency,  school 
facilities  providing  technical,  vocational,  or  other  special  educa- 
tion to  children  of  elementary  or  secondary  school  age)  have 
been  destroyed  or  seriously  damaged,  or  (B)  private  elementary 
or  secondary  school  facilities  serving  children  who  reside  in  the 
area  served  by  such  agency  have  been  destroyed  and  will  not  be 
replaced,  thereby  increasing  the  need  of  such  agency  for  school 
facilities ; 

(4)  such  agency  is  utilizing  or  will  utilize  all  State  and  other 
financial  assistance  available  for  the  replacement  or  restoration 
of  such  school  facilities; 

(5)  such  agency  does  not  have  sufficient  funds  available  to  it 
from  State,  local,  and  other  Federal  sources  (including  funds 
available  under  other  provisions  of  this  chapter) ,  and  from  the 
proceeds  of  insurance  on  such  school  facilities,  and  requires  an 
amount  of  additional  assistance  equal  to  at  least  $1,000  or  one- 
half  of  1  per  centum  of  such  agency's  current  operating  expend- 
itures during  the  fiscal  year  preceding  the  one  in  which  such 
disaster  occurred,  whichever  is  less,  to  provide  the  minimum 
school  facilities  needed  (A)  for  the  restoration  or  replacement 
of  the  school  facilities  of  such  agency  so  destroyed  or  seriously 
damaged  or  (B)  to  serve,  in  facilities  of  such  agency,  children 
Tvho  but  for  the  destruction  of  the  private  facilities  referred  to 
in  clause  (3)  (B)  would  be  served  by  such  private  facilities; 
and 

(6)  in  the  case  of  any  such  major  disaster,  to  the  extent  that 
the  operation  of  private  elementary  and  secondary  schools  in  the 
school  attendance  area  of  the  local  educational  agency  has  been 
disrupted  or  impaired  by  such  disaster,  such  local  educational 
agency  has  complied  with  the  provisions  of  section  241-1  (a)  (4) 
of  this  title,  with  respect  to  provisions  for  the  conduct  of  educa- 
tional programs  under  public  auspices  and  administration  in 
which  children  enrolled  in  such  private  elementary  and  second- 
ary schools  may  attend  and  participate, 

the  Commissioner  may  provide  the  additional  assistance  necessary  to 
enable  such  agencv  to  provide  such  facilities,  upon  such  terms  anil  in 
such  amounts  (subject  to  the  provisions  of  this  section)  as  the  Com- 
missioner may  consider  to  be  in  the  public  interest;  but  such  addi- 
tional assistance,  plus  the  amount  which  he  determines  to  be 
available  from  State,  local,  and  other  Federal  sources  (including 
funds  available  under  other  provisions  of  this  chapter),  and  from 
the  proceeds  of  insurance,  may  not  exceed  the  cost  of  construction 
incident  to  the  restoration  or  replacement  of  the  school  facilities 
destroyed  or  damaged  as  a  result  of  the  disaster.  In  all  cases,  deter- 
mined pursuant  to  clause  (1)  (B)  of  this  subsection,  and  in  any  other 
case  deemed  appropriate  by  the  Commissioner,  such  assistance  shall 
be  in  the  form  of  a  repayable  advance  subject  to  such  terms  and 
conditions  as  he  considers  to  be  in  the  public  interest. 


258 


(b)  Authorization  of  appropriations;  expenditure  of  sums  pend- 
ing appropriation. 

There  are  hereby  authorized  to  be  appropriated  for  each  fiscal 
year  such  amounts  as  may  be  necessary  to  carry  out  the  provisions 
of  this  section.  Pending  such  appropriation,  the  Commissioner  may 
expend  (without  regard  to  subsections  (a)  and  (e)  of  section  665  of 
Title  31)  from  any  funds  heretofore  or  hereafter  appropriated  for 
expenditure  in  accordance  with  other  sections  of  this  chapter  such 
sums  as  may  be  necessary  for  immediately  providing  assistance 
under  this  section,  such  appropriations  to  be  reimbursed  from  the 
appropriations  authorized  by  this  subsection  when  made. 

(c)  Applications;  priority  of  approvals;  conditions  precedent; 
consultation  with  agencies. 

No  payment  may  be  made  to  any  local  educational  agency  under 
subsection  (a)  of  this  section  except  upon  application  therefor  which 
is  submitted  through  the  appropriate  State  educational  agency  and 
is  filed  with  the  Commissioner  in  accordance  with  regulations  pre- 
scribed by  him,  and  which  meets  the  requirements  of  section 
636(b)(1)  of  this  title.  In  determining  the  order  in  which  such 
applications  shall  be  approved,  the  Commissioner  shall  consider  the 
relative  educational  and  financial  needs  of  the  local  educational 
agencies  which  have  submitted  approvable  applications.  No  payment 
may  be  made  under  subsection  (a)  of  this  section  unless  the  Com- 
missioner finds,  after  consultation  with  the  State  and  local  educa- 
tional agencies,  that  the  project  or  projects  with  respect  to  which  it 
is  made  are  not  inconsistent  with  overall  State  plans  for  the  con- 
struction of  school  facilities.  All  determinations  made  by  the  Com- 
missioner under  this  section  shall  be  made  only  after  consultation 
with  the  appropriate  State  educational  agency  and  the  local  educa- 
tional agency. 

(d)  Payments  to  local  agencies;  repayment  of  unexpended  funds. 
Amounts  paid  by  the  Commissioner  to  local  educational  agencies 

under  subsection  (a)  of  this  section  may  be  paid  in  advance  or  by 
way  of  reimbursement  and  in  such  installments  as  the  Commissioner 
may  determine.  Any  funds  paid  to  a  local  educational  agency  and 
not  expended  or  otherwise  used  for  the  purposes  for  which  paid 
shall  be  repaid  to  the  Treasury  of  the  United  States. 

(e)  Applicability  of  sections  631  to  640  of  this  title. 

None  of  the  provisions  of  631  to  640  of  this  title,  both  inclusive, 
other  than  section  636(b)  (1)  of  this  title,  shall  apply  with  respect  to 
this  section.  (Sept.  23,  1950,  ch.  995,  §  16,  as  added  Nov.  1,  1965, 
Pub.  L.  89-313,  §  1,  79  Stat.  1158,  and  amended  Jan.  2,  1968,  Pub. 
h^^7Afe,  V*  S  217<  81  Stat  810 :  APr-  13'  lfl70'  P«b.  L.  91-230, 

m^%Wst2mfo1M;  ^  31'  197°'  Pub-  L- 91-606' tWe 

— N  O  T  E— 

Excerft  from  House  Rept.  587,  89th  Cong.,  1st  Sess.  (1965) 

school  construction  in  disaster  areas 

The  bill  adds  a  new  section  to  Public  Law  815  which 
would  authorize  the  Commissioner  of  the  Office  of  Educa- 


259 


tion  to  provide  additional  financial  assistance  to  a  local 
public  school  district  to  enable  such  agency  to  construct  new 
facilities  to  replace  school  facilities  destroyed  or  to  restore 
facilities  damaged  as  a  result  of  a  major  disaster. 

Appropriations  are  authorized  for  the  purpose  of  meeting 
the  cost  of  administering  the  new  section.  Pending  appro- 
priations the  Commissioner  could  use  funds  appropriated 
for  the  other  provision  of  Public  Law  874  to  immediately 
provide  the  disaster  assistance,  such  appropriations  to  be 
reimbursed  from  appropriations  authorized  by  this  subsec- 
tion when  they  become  available  to  the  Commissioner. 

The  following  conditions  prerequisite  to  the  furnishing  of 
such  assistance  are  required  by  the  legislation : 

(1)  A  determination  by  the  Director  of  the  Office  of 
Emergency  Planning  that  the  school  facilities  were  in 
the  area  declared  by  the  President  to  be  a  major  disas- 
ter area  under  the  provision  of  42  U.S.C.  1855  warrant- 
ing disaster  assistance  by  the  Federal  Government ; 
******* 

OPERATION  Or  SCHOOLS  IN  DISASTER  AREAS 

The  bill  adds  a  new  section  to  Public  Law  874  which 
authorizes  the  Commissioner  of  the  Office  of  Education  to 
provide  financial  assistance  to  any  local  public  school 
agency  to  assist  in  the  financing  of  the  operation  of  elemen- 
tary and  secondary  school  programs  which  have  been 
affected  by  a  major  disaster.  Limitations  imposed  on  the 
provision  of  such  assistance  are : 

(1)  A  determination  by  the  Director  of  the  Office  of 
Emergency  Planning  that  the  local  public  school  dis- 
trict was  in  an  area  declared  by  the  President  to  be  a 
major  disaster  area  under  the  provisions  of  42  U.S.C. 
1855  warranting  disaster  assistance  by  the  Federal  Gov- 
ernment ; 

******* 


Title  22 — Foreign  Relations  and  Intercourse 


22  U.S.C.  401.  Illegal  exportation  of  war  materials 

(a)  Seizure  and  forfeiture  of  materials  and  carriers. 

Whenever  an  attempt  is  made  to  export  or  ship  from  or  take  out 
of  the  United  States  any  arms  or  munitions  of  war  or  other  articles 
in  violation  of  law,  or  whenever  it  is  known  or  there  shall  be  proba- 
ble cause  to  believe  that  any  arms  or  munitions  of  war  or  other  arti- 

[Empbasis  supplied.] 


260 


cles  are  intended  to  be  or  are  being  or  have  been  exported  or 
removed  from  the  United  States  m  violation  of  A  Secretary 
of  the  Treasury,  or  any  person  duly  authorized  for  the  purpose  by 
the  President,  may  seize  and  detain  such  arms  or  munitions  of  war 
or  other  articles  and  may  seize  and  detain  any  vessel,  vehicle,  or  air- 
craft containing  the  same  or  which  has  been  or  is  being  used  in 
exporting  or  attempting  to  export  such  arms  or  munitions  of  war  or 
other  articles.  All  arms  or  munitions  of  war  and  other  articles,  ves- 
sels, vehicles,  and  aircraft  seized  pursuant  to  this  subsection  shall  be 
forfeited.  .         ,    .  ..  , 

(b)  Applicability  of  laws  relating  to  seizure,  forfeiture,  and  con- 
demnation. ,  .       ■  , 

All  provisions  of  law  relating  to  seizure,  summary  and  judicial 
forfeiture  and  condemnation  for  violation  of  the  customs  laws,  the 
disposition  of  the  property  forfeited  or  condemned  or  the  proceeds 
from  the  sale  thereof;  the  remission  or  mitigation  of  such  forfeit- 
ures; and  the  compromise  of  claims  and  the  award  of  compensation 
to  informers  in  respect  of  such  forfeitures  shall  apply  to  seizures 
and  forfeitures  incurred,  or  alleged  to  have  been  incurred,  under  the 
provisions  of  this  section,  insofar  as  applicable  and  not  inconsistent 
with  the  provisions  hereof.  Awards  of  compensation  to  informers 
under  this  section  may  be  paid  only  out  of  funds  specifically  appro- 
priated therefor. 

(c)  Disposition  of  forfeited  materials. 

Arms  and  munitions  of  war  forfeited  under  subsection  (b)  of  this 
section  shall  be  delivered  to  the  Secretary  of  Defense  for  such  use  or 
disposition  as  he  may  deem  in  the  public  interest,  or,  in  the  event 
that  the  Secretary  of  Defense  refuses  to  accept  such  arms  and  muni- 
tions of  war,  they  shall  be  sold  or  otherwise  disposed  of  as  pre- 
scribed under  existing  law  in  the  case  of  forfeitures  for  violation  of 
the  customs  laws.  (June  15,  1917,  ch.  30,  title  VI,  §  1,  40  Stat.  223; 
June  17,  1930,  ch.  497,  title  IV,  §  523,  46  Stat.  740;  Aug.  13,  1953, 
ch.  434,  §  1,  67  Stat.  577.) 


22  U.S.C.  441.  Proclamation  of  state  of  war  between  foreign  states 

(a)  Whenever  the  President,  or  the  Congress  by  concurrent  reso- 
lution, shall  find  that  there  exists  a  state  of  war  between  foreign 
states,  and  that  it  is  necessary  to  promote  the  security  or  preserve 
the  peace  of  the  United  States  or  to  protect  the  lives  of  citizens  of 
the  United  States,  the  President  shall  issue  a  proclamation  naming 
the  states  involved;  and  he  shall,  from  time  to  time,  by  proclama- 
tion, name  other  states  as  and  when  they  may  become  involved  in 
the  war. 

(b)  Whenever  the  state  of  war  which  shall  have  caused  the  Presi- 
dent to  issue  any  proclamation  under  the  authority  of  this  section 
shall  have  ceased  to  exist  with  respect  to  any  state  named  in  such 
proclamation,  he  shall  revoke  such  proclamation  with  respect  to  such 
state.  (Nov.  4, 1939,  ch.  2,  §  1,  54  Stat.  4.) 

fEniphasis  supplied.] 


261 


22  U.S.C.  447.  Financial  transactions 

(a)  Whenever  the  President  shall  have  issued  a  proclamation 
under  the  authority  of  section  441(a)  of  this  title,  it  shall  there- 
after be  unlawful  for  any  person  within  the  United  States  to  pur- 
chase, sell,  or  exchange  bonds,  securities,  or  other  obligations  of  the 
government  of  any  state  named  in  such  proclamation,  or  of  any 
political  subdivision  of  any  such  state,  or  of  any  person  acting  for 
or  on  behalf  of  the  government  of  any  such  state,  or  political  subdi- 
vision thereof,  issued  after  the  date  of  such  proclamation,  or  to 
make  any  loan  or  extend  any  credit  (other  than  necessary  credits 
accruing  in  connection  with  the  transmission  of  telegraph,  cable, 
wireless  and  telephone  services)  to  any  such  government,  political 
subdivision,  or  person.  The  provisions  of  this  subsection  shall  also 
apply  to  the  sale  by  any  person  within  the  United  States  to  any 
person  in  a  state  named  in  any  such  proclamation  of  any  articles  or 
materials  listed  in  a  proclamation  referred  to  in  or  issued  under  the 
authority  of  section  452  (i)  of  this  title. 

(b)  The  provisions  of  this  section  shall  not  apply  to  a  renewal  or 
adjustment  of  such  indebtedness  as  may  exist  on  the  date  of  such 
proclamation. 

(c)  Whoever  shall  knowingly  violate  any  of  the  provisions  of  this 
section  or  of  any  regulations  issued  thereunder  shall,  upon  convic- 
tion thereof,  be  fined  not  more  than  $50,000  or  imprisoned  for  not 
more  than  five  years,  or  both.  Should  the  violation  be  by  a  corpora- 
tion, organization,  or  association,  each  officer  or  director  thereof  par- 
ticipating in  the  violation  shall  be  liable  to  the  penalty  herein 
prescribed. 

(d)  Whenever  any  proclamation  issued  under  the  authority  of 
section  441  (a)  of  this  title  shall  have  been  revoked  with  respect  to 
any  state  the  provisions  of  this  section  shall  thereupon  cease  to 
apply  with  respect  to  such  state,  except  as  to  offenses  committed 
prior  to  such  revocation. 

(e)  This  section  shall  not  be  operative  when  the  United  States  is 
at  war.  (Nov.  4,  1939,  ch.  2,  §  7,  54  Stat.  8;  Feb.  21,  1942,  ch.  104,  5& 
Stat.  95.) 

— N  O  T  E — 

Excerpt  from  House  Rept.  1776,  77th  Cong.,  2d  Sess.  (1942) 

The  Committee  on  Foreign  Affairs,  to  whom  was  referred 
the  joint  resolution  (S.J.  Res.  133),  amending  section  7  of 
the  Neutrality  Act  of  1939,  having  considered  the  same, 
report  favorably  thereon  without  amendment  and  recom- 
mend that  the  joint  resolution  do  pass. 

This  amendment  to  section  7  was  requested  in  the  follow- 
ing communication  from  the  President : 

The  White  House, 

February  9, 191,2. 

To  the  Congress  of  the  United  States  : 

I  recommend  that  the  Neutrality  Act  of  1939  be  amended  to  pro- 
vide that  section  7  shall  not  be  operative  when  the  United  Sates  is  at 
war. 


[Emphasis  supplied.] 


262 


Section  7,  now  in  effect,  prevents  essential  financial  transactions 
between  persons  within  the  United  States  and  our  cobelligerents. 
In  my  opinion  there  was  never  any  intention  that  this  section  should 
operate  during  our  belligerency.  I  hope  that  the  Congress  will  act 
promptly  in  this  matter  to  legalize  transactions  essential  in  the  ef- 
fective prosecution  of  the  war. 

There  is  attached  a  draft  resolution  designed  to  accomplish  the 

purpose  of  this  recommendation.   

Franklin  D.  Roosevelt. 

A  series  of  neutrality  proclamations,  under  the  act  of 
1939,  applying  to  manv  of  the  countries  with  whom  we  are 
now  associated  in  the  United  Nations  war  effort  are  still  in 
effect;  and  section  7  of  the  Neutrality  Act  therefore  is  in 
effective  operation  as  regards  these  countries. 

This  is  deemed  to  be  having  consequences  harmful  to  the 
war  effort  of  both  the  United  States  and  the  other  United 
Nations. 

These  harmful  consequences  arise  from  the  fact  that  sec- 
tion 7  prohibits  many  operations  as  between  persons  in  the 
United  States  and  the  governments  and  nationals  of  the 
United  Nations  which  would  be  useful  in  the  war  effort. 
The  following  types  of  transactions  may  be  cited  particu- 
larly : 

(a)  Section  7  interdicts  the  extension  of  credit  by  any 
person  within  the  United  States  in  connection  with  pur- 
chases of  war  materials  in  this  country  by  governments 
affected  by  this  act  or  by  their  subdivisions  and  agents. 
This  means,  for  instance,  that  American  firms  or  banks 
cannot  extend  even  short-term  credit  accommodation  to  such 
enterprises  as  the  Canadian  National  Railways  in  connec- 
tion with  their  important  purchases  here,  or  American  air- 
craft, engine  manufacturers  extend  short  term  credit  facili- 
ties to  representatives  of  Canada  and  the  Netherlands  East 
Indies  in  connection  with  aircraft  production  for  the 
account  of  the  military  forces  of  that  Government.  Such 
short-term  credit  combination  would  in  frequent  instances 
make  it  easier  to  effect  promptly  the  purchasing  and  trans- 
'  port  of  needed  war  goods. 

(i)  It  stands  in  the  way  of  certain  commercial  transac- 
tions that  are  directly  a  part  of  the  military  effort.  For 
example,  it  makes  impossible  the  sale  on  credit  by  persons 
within  the  United  States  to  British,  Dutch,  and  Norwegian 
ships  of  oil  urgently  required  for  the  completion  of  voyages 
connected  with  the  war  effort. 

In  these  and  similar  ways  the  continued  effectiveness  of 
section  7  during  this  war  period  is  a  distinct  disadvantage 
in  the  war  effort. 

This  amendment  does  not  affect  the  operation  of  the 
Johnson  Act. 

Furthermore,  it  is  believed  that  the  war  situation  now 
confronting  the  United  States  is  fundamentally  different 
from  that  which  the  Congress  visualized  when  enacting  sec- 
tion 7. 

[Emphasis  supplied.] 


263 


22  U.S.C.  450.  Restrictions  on  use  of  American  ports 

(a)  Whenever,  during  any  war  in  which  the  United  States  is  neu- 
tral, the  President,  or  any  person  thereunto  authorized  by  him  shall 
have  cause  to  believe  that  any  vessel,  domestic  or  foreign,  whether 
requiring  clearance  or  not,  is  about  to  carry  out  of  a  port  or  from 
the  jurisdiction  of  the  United  States,  fuel,  men,  arms,  ammunition, 
implements  of  war,  supplies,  dispatches,  or  information  to  any  war- 
ship, tender,  or  supply  ship  of  a  state  named  in  a  proclamation 
issued  under  the  authority  of  section  441(a)  of  this  title,  but  the 
evidence  is  not  deemed  sufficient  to  justify  forbidding  the  departure 
of  the  vessel  as  provided  for  by  section  31  of  Title  18,  and  if,  in  the 
President's  judgment,  such  action  will  serve  to  maintain  peace 
between  the  United  States  and  foreign  states,  or  to  protect  the  com- 
mercial interests  of  the  United  States  and  its  citizens,  or  to  promote 
the  security  or  neutrality  of  the  United  States,  he  shall  have  the 
power,  and  it  shall  be  his  duty  to  require  the  owner,  master,  or 
person  in  command  thereof,  before  departing  from  a  port  or  from 
the  jurisdiction  of  the  United  States,  to  give  a  bond  to  the  United 
States,  with  sufficient  sureties,  in  such  amount  as  he  shall  deem 
proper,  conditioned  that  the  vessel  will  not  deliver  the  men,  or  any 
fuel,  supplies,  dispatches,  information,  or  any  part  of  the  cargo,  to 
any  warship,  tender,  or  supply  ship  of  a  state  named  in  a  proclama- 
tion issued  under  the  authority  of  section  441(a)  of  this  title. 

(b)  If  the  President,  or  any  person  thereunto  authorized  by  him, 
shall  find  that  a  vessel,  domestic  or  foreign,  in  a  port  of  the  United 
States,  has  previously  departed  from  a  port  or  from  the  jurisdiction 
of  the  United  States  during  such  war  and  delivered  men,  fuel,  sup- 
plies, dispatches,  information,  or  any  part  of  its  cargo  to  a  warship, 
tender,  or  supply  ship  of  a  state  named  in  a  proclamation  issued 
under  the  authority  of  section  441(a)  of  this  title,  he  may  prohibit 
the  departure  of  such  vessel  during  the  duration  of  the  war. 

(c)  Whenever  the  President  shall  have  issued  a  proclamation 
under  section  441(a)  of  this  title  he  may,  while  such  proclamation 
is  in  effect,  require  the  owner,  master,  or  person  in  command  of  any 
vessel,  foreign  or  domestic,  before  departing  from  the  United  States, 
to  give  a  bond  to  the  United  States,  with  sufficient  sureties,  in  such 
amount  as  he  shall  deem  proper,  conditioned  that  no  alien  seaman 
who  arrived  on  such  vessel  shall  remain  in  the  United  States  for  a 
longer  period  than  that  permitted  under  the  regulations,  as  amended 
from  time  to  time,  issued  pursuant  to  section  168  of  Title  8.  Not- 
withstanding the  provisions  of  said  section  168  of  Title  8,  the  Presi- 
dent may  issue  such  regulations  with  respect  to  the  landing  of  such 
seamen  as  he  deems  necessary  to  insure  their  departure  either  on 
such  vessel  or  another  vessel  at  the  expense  of  such  owner,  master,  or 
person  in  command.  (Nov.  4, 1939,  ch.  2,  §  10,  54  Stat.  9.) 


22  U.S.C.  451.  Submarines  and  armed  merchant  vessels 

Whenever,  during  any  war  in  which  the  United  States  is  neutral, 
the  President  shall  find  that  special  restrictions  placed  on  the  use  of 


[Emphasis  supplied.] 


264 


the  ports  and  territorial  waters  of  the  United  States  by  the  sub- 
marines or  armed  merchant  vessels  of  a  foreign  state  will  serve  to 
maintain  peace  between  the  United  States  and  foreign  states,  or  to 
protect  the  commercial  interests  of  the  United  States  and  its  citi- 
zens, or  to  promote  the  security  of  the  United  States,  and  shall  make 
proclamation  thereof,  it  shall  thereafter  be  unlawful  for  anjr  such 
submarine  or  armed  merchant  vessel  to  enter  a  port  or  the  territorial 
waters  of  the  United  States  or  to  depart  therefrom,  except  under 
such  conditions  and  subject  to  such  limitations  as  the  President  may 
prescribe.  Whenever,  in  his  judgment,  the  conditions  which  have 
caused  him  to  issue  his  proclamation  have  ceased  to  exist,  he  shall 
revoke  his  proclamation  and  the  provisions  of  this  section  shall 
thereupon  cease  to  apply,  except  as  to  offenses  committed  prior  to 
such  revocation.  (Nov.  4, 1939,  ch.  2,  §  11,  54  Stat.  9.) 


22  U.S.C.  461.  Enforcement  by  courts;  employment  of  land  or 

NAVAL  FORCES 

The  district  courts  shall  take  cognizance  of  all  complaints,  by 
whomsoever  instituted,  in  cases  of  captures  made  within  the  waters 
of  the  United  States,  or  within  a  marine  league  of  the  coasts  or 
shores  thereof.  In  every  case  in  which  a  vessel  is  fitted  out  and 
armed,  or  attempted  to  be  fitted  out  and  armed,  or  in  which  the 
force  of  any  vessel  of  war,  cruiser,  or  other  armed  vessel  is  increased 
or  augmented,  or  in  which  any  military  expedition  or  enterprise  is 
begun  or  set  on  foot,  contrary  to  the  provisions  and  prohibitions  of 
sections  461  to  464  of  this  title  and  sections  21  to  25,  and  30  of  Title 
18;  and  in  every  case  of  the  capture  of  a  vessel  within  the  jurisdic- 
tion or  protection  of  the  United  States  as  before  defined;  and  in 
every  case  m  which  any  process  issuing  out  of  any  court  of  the 
United  States  is  disobeyed  or  resisted  by  any  person  having  the  cus- 
tody of  any  vessel  of  war,  cruiser,  or  other  armed  vessel  of  any  for- 
eign prmce  or  state,  or  of  any  colony,  district,  or  people,  or  of  any 
subjects  or  citizens  of  any  foreign  prince  or  state,  or  of  any  colony, 
district,  or  people,  it  shall  be  lawful  for  the  President  or  such  other 
person  as  he  shall  have  empowered  for  that  purpose,  to  employ 
such  part  of  the  land  or  naval  forces  of  the  United  States,  or  of  the 
militia  thereof,  for  the  purpose  of  taking  possession  of  and  detain- 
ing any  such  vessel,  with  her  prizes,  if  any,  in  order  to  enforce  the 
execution  ot  the  prohibitions  and  penalties  of  sections  461  to  464  of 
this  title  and  sections  21  to  25,  and  30  of  Title  18,  and  the  restoring 
ot  such  prizes  in  the  cases  in  which  restoration  shall  be  adjudged! 
and  also  for  the  purpose  of  preventing  the  carrying  on  of  any  such 
expedition  or  enterprise  from  the  territory  or  jurisdiction  of  the 
United  btates  against  the  territory  or  dominion  of  any  foreign 
prince  or  state,  or  of  any  colony,  district,  or  people  with  whom  the 

1OT0  )  at  PeaCe'  (Mar'  4'  19°9'  ch-  321'  §  14'  35  Stat" 


[Emphasis  supplied  ] 


265 


22  U.S.C.  464.  Detention  by  collectors  of  customs 

The  several  collectors  of  the  customs  shall  detain  any  vessel  mani- 
festly built  for  warlike  purposes,  and  about  to  depart  the  United 
States,  or  any  place  subject  to  the  jurisdiction  thereof,  the  cargo  of 
which  principally  consists  of  arms  and  munitions  of  war,  when  the 
number  of  men  shipped  on  board,  or  other  circumstances,  render  it 
probable  that  such  vessel  is  intended  to  be  employed  by  the  owners 
to  cruise  or  commit  hostilities  upon  the  subjects,  citizens,  or  prop- 
erty of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or 
people  with  whom  the  United  States  are  at  peace,  until  the  decision 
of  the  President  is  had  thereon,  or  until  the  owner  gives  such  bond 
and  security  as  is  required  of  the  owners  of  armed  vessels  by  section 
463  of  this  title.  (Mar.  4, 1909,  ch.  321,  §  17,  35  Stat.  1091.) 


22  U.S.C.  1611.  Congressional  declaration  of  policy;  embargo  on 
war  materials;  denial  of  assistance  to  nations  failing  to 
embargo  shipments  ;  administration  of  chapter 

The  Congress  of  the  United  States,  recognizing  that  in  a  world 
threatened  by  aggression  the  United  States  can  best  preserve  and 
maintain  peace  by  developing  maximum  national  strength  and  by 
utilizing  all  of  its  resources  in  cooperation  with  other  free  nations, 
declares  it  to  be  the  policy  of  the  United  States  to  apply  an  embargo 
on  the  shipment  of  arms,  ammunition,  and  implements  of  war, 
atomic  energy  materials,  petroleum,  transportation  materials  of  stra- 
tegic value,  and  items  of  primary  strategic  significance  used  in  the 
production  of  arms,  ammunition,  and  implements  of  war  to  any 
nation  or  combination  of  nations  threatening  the  security  of  the 
United  States,  including  the  Union  of  Soviet  Socialist  Republics 
and  all  countries  under  its  domination,  in  order  to  (1)  increase  the 
national  strength  of  the  United  States  and  of  the  cooperating 
nations;  (2)  impede  the  ability  of  nations  threatening  the  security 
of  the  United  States  to  conduct  military  operations;  and  (3)  to 
assist  the  people  of  the  nations  under  the  domination  of  foreign 
aggressors  to  reestablish  their  freedom. 

It  is  further  declared  to  be  the  policy  of  the  United  States  that  no 
military,  economic,  or  financial  assistance  shall  be  supplied  to  any 
nation  unless  it  applies  an  embargo  on  such  shipments  to  any  nation 
or  combination  of  nations  threatening  the  security  of  the  United 
States,  including  the  Union  of  Soviet  Socialist  Republics  and  all 
countries  under  its  domination. 

This  chapter  shall  be  administered  in  such  a  way  as  to  bring 
about  the  fullest  support  for  any  resolution  of  the  General  Assembly 
of  the  United  Nations,  supported  by  the  United  States,  to  prevent 
the  shipment  of  certain  commodities  to  areas  under  the  control  of 
governments  engaged  in  hostilities  in  defiance  of  the  United  Nations. 
(Oct.  26, 1951,  ch.  575,  title  I,  §  101,  65  Stat.  645.) 


[Emphasis  supplied.] 


266 


22  U.S.C.  1611a.  Responsibility  for  administration 

Responsibility  for  giving  effect  to  the  purposes  of  this  chapter 
shall  be  vested  in  the  person  occupying  the  senior  position  author- 
ized by  subsection  (e)  of  section  1577  of  this  title,  or  in  any  person 
who  may  hereafter  be  charged  with  principal  responsibility  for  the 
administration  of  the  provisions  of  the  Mutual  Defense  Assistance 
Act  of  1949.  Such  person  is  hereinafter  referred  to  as  the  "Adminis- 
trator." (Oct.  26, 1951,  ch.  575,  title  I,  §  102,  65  Stat.  645.) 


22  U.S.C.  1611b.  Determination  of  items  to  be  embargoed 

(a)  Adjustments;  information  to  nations  receiving  assistance. 
The  Administrator  is  authorized  and  directed  to  determine  within 

thirty  days  after  October  26,  1951,  after  full  and  complete  consider- 
ation of  the  views  of  the  Departments  of  State,  Defense,  and  Com- 
merce; the  Economic  Cooperation  Administration;  and  any  other 
appropriate  agencies,  and  notwithstanding  the  provisions  of  any 
other  law,  which  items  are,  for  the  purpose  of  this  chapter,  arms, 
ammunition,  and  implements  of  war,  atomic  energy  materials,  petro- 
leum, transportation  materials  of  strategic  value,  and  those  items  of 
primary  strategic  significance  used  in  the  production  of  arms, 
ammunition,  and  implements  of  war  which  should  be  embargoed  to 
effectuate  the  purposes  of  this  chapter:  Provided,  That  such  deter- 
minations shall  be  continuously  adjusted  to  current  conditions  on  the 
basis  of  investigation  and  consultation,  and  that  all  nations  receiv- 
ing United  States  military,  economic,  or  financial  assistance  shall  be 
kept  informed  of  such  determinations. 

(b)  Termination  of  assistance;  continuation  of  assistance  by  Pres- 
idential directive ;  reports  to  Congress. 

All  military,  economic,  or  financial  assistance  to  any  nation  shall, 
upon  the  recommendation  of  the  Administrator,  be  terminated  forth- 
with if  such  nation  after  sixtv  davs  from  the  date  of  a  determina- 
tion under  subsection  (a)  of  this  section  knowingly  permits  the  ship- 
ment to  any  nation  or  combination  of  nations  threatening  the 
security  of  the  United  States,  including  the  Union  of  Soviet  Social- 
ist Republics  and  all  countries  under  its  domination,  of  any  item 
which  he  has  determined  under  subsection  (a)  of  this  section  after  a 
full  and  complete  investigation  to  be  included  in  any  of  the  follow- 
ing categories:  Arms,  ammunition,  and  implements  of  war,  atomic 
energy  materials,  petroleum,  transportation  materials  of  strategic 
value,  and  items  of  primary  strategic  significance  used  in  the  pro- 
duction of  arms,  ammunition,  and  implements  of  war:  Provided, 
That  tlie  President,  after  receiving  the  advice  of  the  Administrator 
and  after  taking  into  account  the  contribution  of  such  country  to  the 
mutual  security  of  the  free  world,  the  importance  of  such  assistance 
to  the  security  of  the  United  States,  the  strategic  importance  of 
imports  received  from  countries  of  the  Soviet  bloc,  and  the  adequacy 
of  such  country's  controls  over  the  export  to  the  Soviet  bloc  of  items 

[Emphasis  supplied.] 


267 


of  strategic  importance,  may  direct  the  continuance  of  such  assist- 
ance to  a  country  which  permits  shipments  of  items  other  than  arms, 
ammunition,  implements  of  war,  and  atomic  energy  materials  when 
unusual  circumstances  indicate  that  the  cessation  of  aid  would 
clearly  be  detrimental  to  the  security  of  the  United  States :  Provided 
further,  That  the  President  shall  immediately  report  any  determina- 
tion made  pursuant  to  the  first  proviso  of  this  section  with  reasons 
therefor  to  the  Appropriations  and  Armed  Services  Committees  of 
the  Senate  and  of  the  House  of  Representatives,  the  Committee  on 
Foreign  Relations  of  the  Senate,  and  the  Committee  on  Foreign 
Affairs  of  the  House  of  Representatives,  and  the  President  shall  at 
least  once  each  quarter  review  all  determinations  made  previously 
and  shall  report  his  conclusions  to  the  foregoing  committees  of  the 
House  and  Senate,  which  reports  shall  contain  an  analysis  of  the 
trade  with  the  Soviet  bloc  of  countries  for  which  determinations 
have  been  made.  (Oct.  26,  1951,  ch.  575,  title  I,  §  103,  65  Stat.  645.) 


22  U.S.C.  1611c.  Resumption  of  assistance 

Whenever  military,  economic,  or  financial  assistance  has  been  ter- 
minated as  provided  in  this  chapter,  such  assistance  can  be  resumed 
only  upon  determination  by  the  President  that  adequate  measures 
have  been  taken  by  the  nation  concerned  to  assure  full  compliance 
with  the  provisions  of  this  chapter.  (Oct.  26,  1951  ch.  575,  title  I, 
§  104,  65  Stat.  646.) 


22  U.S.C.  1611d.  Definitions 

For  the  purposes  of  this  chapter  the  term  "assistance"  does  not 
include  activities  carried  on  for  the  purpose  of  facilitating  the  pro- 
curement of  materials  in  which  the  United  States  is  deficient.  (Oct. 
26, 1951,  ch.  575,  title  I,  §  105,  65  Stat.  646.) 

-NOTE- 
ExcERPr  from  Senate  Rept.  698,  82d  Cong.,  1st  Sess.  (1951) 

The  committee  believes  that  the  security  interests  of  the 
United  States  with  respect  to  trade  between  nations  receiv- 
ing American  military,  economic,  and  financial  assistance  can 
best  be  protected  if  responsibility  is  clearly  fixed  in  the 
executive  branch  to  take  action  to  prevent  aid  going  to 
countries  which  export  war  materials  to  the  Soviet  and  sat- 
ellite states.  H.R.  4550  has  that  effect. 

The  committee  believes  that  some  discretion  is  necessary 
with  respect  to  the  shipment  of  materials  other  than  arms, 
ammunition,  implements  of  war,  and  atomic  energy  mate- 
rials to  Soviet  states  since  there  are  undoubtedly  a  number 
of  instances  in  which  such  trade  might,  on  balance,  be 


[Emphasis  supplied.] 


268 


essential  to  the  security  interests  of  the  United  States  and 
to  the  free  world  generally. 

The  committee  believes  that  responsibility  for  exercising 
this  discretion  must  be  clearly  fixed.  H.R.  4550  makes  this 
determination  the  responsibility  of  the  President. 

The  committee  recommends  the  early  approval  of  this 
bill.  


22  U.S.C.  1962.  Military  assistance  ;  use  of  armed  forces 

The  President  is  authorized  to  undertake,  in  the  general  area  of 
the  Middle  East,  military  assistance  programs  with  any  nation  or 
group  of  nations  of  that  area  desiring  such  assistance.  Furthermore, 
the  United  States  regards  as  vital  to  the  national  interest  and  world 
peace  the  preservation  of  the  independence  and  integrity  of  the 
nations  of  the  Middle  East.  To  this  end,  if  the  President  determines 
the  necessity  thereof,  the  United  States  is  prepared  to  use  armed 
forces  to  assist  any  such  nation  or  group  of  such  nations  requesting 
assistance  against  armed  aggression  from  any  country  controlled  by 
international  communism :  Provided,  That  such  employment  shall  be 
consonant  with  the  treaty  obligations  of  the  United  States  and  with 
the  Constitution  of  the  United  States.  (Pub.  L.  85-7,  §  2,  Mar.  9, 
1957,  71  Stat.  5.) 

— N  O  T  E — 

Excerpt  from  House  Reft.  2,  85th  Cong.,  1st  Sess.  (1957) 

The  broad  purpose  and  policy  of  the  resolution  is  set 
forth  in  the  preamble.  The  resolution  does  not  set  forth  a 
detailed  plan  or  program  for  dealing  with  all  the  major 
problems  in  the  Middle  East.  It  deals  with  courses  of  action 
relating  to  immediate  military  and  economic  threats.  Other 
basic  problems,  causing  tension  in  the  area,  are  not  dealt 
with  in  the  resolution.  The  solution  of  the  Arab- Israel  con- 
troversy, the  resettlement  of  refugees,  the  reopening  of  the 
Suez  Canal  with  the  establishment  of  adequate  safeguards 
for  the  interests  of  its  users,  and  other  problems,  are  of 
grave  importance  and  should  be  given  continued  attention 
by  the  Executive. 

Positive  and  comprehensive  measures  for  dealing  with  the 
fundamental  problems  of  the  Middle  East  should  be  pre- 
pared and  presented  by  the  Executive  to  the  United 
Nations  and  to  the  Congress.  Sufficient  legislative  authority 
already  exists  for  the  settlement  of  many  phases  of  these 
problems.  Our  country  should  lead  in  boldly  pursuing  and 
implementing  policies  and  programs  to  bring  peace,  secu- 
rity, and  economic  stability  to  the  Middle  East. 

House  Joint  Resolution  117  as  reported  accomplishes 
three  primary  objectives : 

First,  it  puts  the  Soviet  Union  on  notice  that  the  United 
States  intends  to  use  its  Armed  Forces  if  necessary  to 
[Emphasis  supplied.] 


269 


secure  and  protect  any  nation  or  group  of  nations  of  the 
Middle  East  requesting  such  aid  against  overt  armed 
aggression  from  any  nation  controlled  by  international  com- 
munism, thus  minimizing  the  possibility  of  war  by  miscal- 
culation. 

Second,  the  resolution  is  intended  to  make  clear  to  the 
governments  and  the  people  of  the  Middle  East  the  attitude 
and  the  policy  of  the  United  States  toward  them.  The 
United  States  makes  clear  its  vital  interest  in  the  status  of 
that  area.  The  United  States  also  makes  clear,  however,  that 
it  believes  that  its  interests  can  best  be  protected  if  the 
nations  of  the  Middle  East  are  able  to  maintain  their  inde- 
pendence and  integrity,  and  that  the  United  States  policy 
toward  the  area  and  its  readiness  to  provide  assistance  con- 
templates no  infringement  of  the  sovereignty  of  any  nation. 

Third,  the  resolution  removes  certain  restrictions  on  the 
use  of  mutual  security  funds  by  the  President  which  are 
contained  in  existing  law.  No  new  money  is  authorized.  The 
events  of  the  last  few  months  in  the  Middle  East  have  not 
only  increased  the  need  for  assistance  to  certain  nations  in 
that  area,  but  have  also  made  necessary  a  revision  of  other 
programs.  The  resolution  gives  the  President  greater  discre- 
tion as  to  the  use  of  funds  already  appropriated. 


22  U.S.C.  1963.  United  Nations  Emergency  Force 

The  President  should  continue  to  furnish  facilities  and  military 
assistance,  within  the  provisions  of  applicable  law  and  established 
■policies,  to  the  United  Nations  Emergency  Force  in  the  Middle  East, 
with  a  view  to  maintaining  the  truce  in  that  region.  (Pub.  L.  85-7, 
§  4,  Mar.  9, 1957, 71  Stat.  6.) 

[See  22  U.S.C.  1962  (H.  Eept.  2) .  Supra.'] 


22  U.S.C.  1965.  Expiration 

This  chapter  shall  expire  when  the  President  shall  determine  that 
the  peace  and  security  of  the  nations  in  the  general  area  of  the 
Middle  East  are  reasonably  assured  by  international  conditions  cre- 
ated by  action  of  the  United  Nations  or  otherwise  except  that  it  may 
be  terminated  earlier  by  a  concurrent  resolution  of  the  two  Bouses 
of  Congress.  (Pub.  L.  85-7,  §  6,  Mar.  9, 1957, 71  Stat.  6.) 


22  U.S.C.  2370.  Prohibitions  against  furnishing  assistance 
(a)  Cuba ;  embargo  on  all  trade. 

(1)  No  assistance  shall  be  furnished  under  this  chapter  to  the 
present  government  of  Cuba;  nor  shall  any  such  assistance  be  fur- 

[Emphasis  supplied.] 


21-509  O  -  73  -  19 


270 


nished  to  any  country  which  furnishes  assistance  to  the  present  gov- 
ernment of  Cuba  unless  the  President  determines  that  such  assist- 
ance is  in  the  national  interest  of  the  United  States.  As  an 
additional  means  of  implementing  and  carry  into  effect  the  policy  of 
the  preceding  sentence,  the  President  is  authorized  to  establish  and 
maintain  a  total  embargo  upon  all  trade  between  the  United  States 
and  Cuba. 

(2)  Except  a9  may  be  deemed  necessary  by  the  President  in  the 
interest  of  the  United  States,  no  assistance  shall  be  furnished  under 
this  chapter  to  any  government  of  Cuba,  nor  shall  Cuba  be  entitled 
to  receive  any  quota  authorizing  the  importation  of  Cuban  sugar 
into  the  United  States  or  to  receive  any  other  benefit  under  any  law 
of  the  United  States,  until  the  President  determines  that  such  gov- 
ernment has  taken  appropriate  steps  according  to  international  law 
standards  to  return  to  United  States  citizens,  and  to  entities  not  less 
than  50  per  centum  beneficially  owned  by  United  States  citizens  or 
to  provide  equitable  compensation  to  such  citizens  and  entities  for 
property  taken  from  such  citizens  and  entities  on  or  after  January 
1, 1959,  by  the  Government  of  Cuba. 

(3)  No  funds  authorized  to  be  made  available  under  this  chapter 
(except  under  section  2174  of  this  title)  shall  be  used  to  furnish 
assistance  to  any  country  which  has  failed  to  take  appropriate  steps, 
not  later  than  60  days  after  December  16, 1963 — 

(A)  to  prevent  ships  or  aircraft  under  its  registry  from 
transporting  to  Cuba  (other  than  to  United  States  installations 
in  Cuba) — 

(i)  any  items  of  economic  assistance, 

(ii)  any  items  which  are,  for  the  purposes  of  title  I  of 
the  Mutual  Defense  Assistance  Control  Act  of  1951,  as 
amended,  arms,  ammunition  and  implements  of  war,  atomic 
energy  materials,  petroleum,  transportation  materials  of 
strategic  value,  or  items  of  primary  strategic  significance 
used  in  the  production  of  arms,  ammunition,  and  imple- 
ments of  war,  or 

(iii)  any  other  equipment,  materials,  or  commodities, 
so  long  as  Cuba  is  governed  by  the  Castro  regime;  and 

(B)  to  prevent  ships  or  aircraft  under  its  registry  from 
transporting  any  equipment,  materials,  or  commodities  from 
Cuba  (other  than  from  United  States  installations  in  Cuba)  so 
long  as  Cuba  is  governed  by  the  Castro  regime. 

(b)  Presidential  determination  of  domination  or  control  by  inter- 
national Communist  movement. 

No  assistance  shall  be  furnished  under  this  chapter  to  the  govern- 
ment of  any  country  unless  the  President  determines  that  such  coun- 
try is  not  dominated  or  controlled  by  the  international  Communist 
movement. 

(c)  Indebtedness  of  foreign  country  to  United  States  citizen  or 
person. 

No  assistance  shall  be  provided  under  this  chapter  to  the  govern- 
ment of  any  country  which  is  indebted  to  any  United  States  citizen 
or  person  for  goods  or  services  furnished  or  ordered  where  (i)  such 

[Emphasis  supplied.] 


271 


citizen  or  person  has  exhausted  available  legal  remedies,  which  shall 
include  arbitration,  or  (ii)  the  debt  is  not  denied  or  contested  by 
such  government,  or  (iii)  such  indebtedness  arises  under  an  uncondi- 
tional guaranty  of  payment  given  by  such  government,  or  any  pred- 
ecessor government,  directly  or  indirectly,  through  any  controlled 
entity:  Provided,  That  the  President  does  not  find  such  action  con- 
trary to  the  national  security. 

(d)  Productive  enterprises  competing  with  United  States  enter- 
prise; conditions  on  assistance;  import  controls;  waiver  of  restric- 
tion by  President. 

No  assistance  shall  be  furnished  under  section  2161  of  this  title 
for  construction  or  operation  of  any  productive  enterprise  in  any 
country  where  such  enterprise  will  compete  with  United  States 
enterprise  unless  such  country  has  agreed  that  it  will  establish 
appropriate  procedures  to  prevent  the  exportation  for  use  or  con- 
sumption in  the  United  States  of  more  than  twenty  per  centum  of 
the  annual  production  of  such  facility  during  the  life  of  the  loan.  In 
case  of  failure  to  implement  such  agreement  by  the  other  contracting 
party,  the  President  i9  authorized  to  establish  necessary  import  con- 
trols to  effectuate  the  agreement.  The  restrictions  imposed  by  or  pur- 
suant to  this  subsection  may  be  waived  by  the  President  where  he 
determines  that  such  waiver  is  in  the  national  security  interest. 

(e)  Nationalization,  expropriation  or  seizure  of  property  of 
United  States  citizens,  or  taxation  or  other  exaction  having  same 
effect;  failure  to  compensate  or  to  provide  relief  from  taxes,  exac- 
tions, or  conditions;  report  on  full  value  of  property  by  Foreign 
Claims  Settlement  Commission ;  act  of  state  doctrine. 

(1)  The  President  shall  suspend  assistance  to  the  government  of 
any  country  to  which  assistance  is  provided  under  this  chapter  or 
any  other  Act  when  the  government  of  such  country  or  any  govern- 
ment agency  or  subdivision  within  such  country  on  or  after  January  1, 
1962— 

(A)  has  nationalized  or  expropriated  or  seized  ownership  or 
control  of  property  owned  by  any  United  States  citizen  or  by 
any  corporation,  partnership,  or  association  not  less  than  50  per 
centum  beneficially  owned  by  United  States  citizens,  or 

(B)  has  taken  steps  to  repudiate  or  nullify  existing  contracts 
or  agreements  with  any  United  States  citizen  or  any  corpora- 
tion, partnership,  or  association  not  less  than  50  per  centum 
beneficially  owned  by  United  States  citizens,  or 

(C)  has  imposed  or  enforced  discriminatory  taxes  or  other 
exactions  or  restrictive  maintenance  or  operational  conditions,  or 
has  taken  other  actions,  which  have  the  effect  of  nationalizing, 
expropriating,  or  otherwise  seizing  ownership  or  control  of 
property  so  owned, 

and  such  country,  government  agency,  or  government  subdivision  fails 
within  a  reasonable  time  (not  more  than  six  months  after  such  action, 
or,  in  the  event  of  a  referral  to  the  Foreign  Claims  Settlement  Com- 
mission of  the  United  States  within  such  period  as  provided  herein,  not 
more  than  twenty  days  after  the  report  of  the  Commission  is  received) 
to  take  appropriate  steps,  which  may  include  arbitration,  to  discharge 
its  obligations  under  international  law  toward  such  citizen  or  entity, 


272 


including  speedy  compensation  for  such  property  in  convertible  for- 
eign exchange,  equivalent  to  the  full  value  thereof,  as  required  by  inter- 
national law,  or  fails  to  take  steps  designed  to  provide  relief  from 
such  taxes,  exactions,  or  conditions,  as  the  case  may  be;  and  such 
suspension  shall  continue  until  the  President  is  satisfied  that  appro- 
priate steps  are  being  taken,  and  no  other  provision  of  this  chapter 
shall  be  construed  to  authorize  the  President  to  waive  the  provisions 
of  this  subsection. 

Upon  request  of  the  President  (within  seventy  days  after  such 
action  referred  to  in  subparagraphs  (A),  (B),  or  (C)  of  this  para- 
graph, the  Foreign  Claims  Settlement  Commission  of  the  United 
States  (established  pursuant  to  Reorganization  Plan  No.  1  of  1954, 
68  Stat.  1279)  is  hereby  authorized  to  evaluate  expropriated  prop- 
erty, determining  the  full  value  of  any  property  nationalized,  expro- 
priated, or  seized,  or  subjected  to  discriminatory  or  other  actions  as 
aforesaid,  for  purposes  of  this  subsection  and  to  render  an  advisory 
report  to  the  President  within  ninety  days  after  such  request.  Unless 
authorized  by  the  President,  the  Commission  shall  not  publish  its 
advisory  report  except  to  the  citizen  or  entity  owning  such  property. 
There  is  hereby  authorized  to  be  appropriated  such  amount,  to 
remain  available  until  expended,  as  may  be  necessary  from  time  to 
time  to  enable  the  Commission  to  carry  out  expeditiously  its  func- 
tions under  this  subsection. 

(2)  Notwithstanding  any  other  provision  of  law,  no  court  in  the 
United  States  shall  decline  on  the  ground  of  the  federal  act  of  state 
doctrine  to  make  a  determination  on  the  merits  giving  effect  to  the 
principles  of  international  law  in  a  case  in  which  a  claim  of  title  or 
other  rights  to  property  is  asserted  by  any  party  including  a  foreign 
state  (or  a  party  claiming  through  such  state)  based  upon  (or  traced 
through)  a  confiscation  or  other  taking  after  January  1,  1959,  by  an 
act  of  that  state  in  violation  of  the  principles  of  international  law, 
including  the  principles  of  compensation  and  the  other  standards  set 
out  in  this  subsection:  Provided,  That  this  subparagraph  shall  not 
be  applicable  (1)  in  any  case  in  which  an  act  of  a  foreign  state  is 
not  contrary  to  international  law  or  with  respect  to  a  claim  of  title 
or  other  right  to  property  acquired  pursuant  to  an  irrevocable  letter 
of  credit  of  not  more  than  180  days  duration  issued  in  good  faith 
prior  to  the  time  of  the  confiscation  or  other  taking,  or  (2)  in  any 
case  with  respect  to  which  the  President  determines  that  application 
of  the  act  of  state  doctrine  is  required  in  that  particular  case  by  the 
foreign  policy  interests  of  the  United  States  and  a  suggestion  to  this 
effect  is  filed  on  his  behalf  in  that  case  with  the  court. 

(f)  Prohibition  against  assistance  to  Communist  countries;  condi- 
tions for  waiver  of  restriction  by  President;  enumeration  of  Com- 
munist countries. 

No  assistance  shall  be  furnished  under  this  chapter  (except  sec- 
tion 2174(b)  of  this  title)  to  any  Communist  country.  This 
restriction  may  not  be  waived  pursuant  to  any  authority  contained 
in  this  chapter  unless  the  President  finds  and  promptly  reports  to 
Congress  that:  (1)  such  assistance  is  vital  to  the  security  of  the 
United  States;  (2)  the  recipient  country  is  not  controlled  by  the 


273 


international  Communist  conspiracy;  and  (3)  such  assistance  will 
further  promote  the  independence  of  the  recipient  country  from 
international  communism.  For  the  purposes  of  this  subsection,  the 
phrase,  "Communist  country"  shall  include  specifically,  but  not  be 
limited  to,  the  following  countries : 

Peoples  Republic  of  Albania, 

Peoples  Republic  of  Bulgaria, 

Peoples  Republic  of  China, 

Czechoslovak  Socialist  Republic, 

German  Democratic  Republic  (East  Germany) 

Estonia, 

Hungarian  Peoples  Republic, 

Latvia, 

Lithuania, 

North  Korean  Peoples  Republic, 
North  Vietnam, 

Outer  Mongolia-Mongolian  Peoples  Republic, 
Polish  Peoples  Republic, 
Rumanian  Peoples  Republic, 
Tibet, 

Federal  Peoples  Republic  of  Yugoslavia, 
Cuba,  and 

Union  of  Soviet  Socialist  Republics  (including  its  captive  constitu- 
ent republics) . 

(g)  Use  of  assistance  funds  to  compensate  owners  for  expropri- 
ated or  nationalized  property. 

Notwithstanding  any  other  provision  of  law,  no  monetary  assist- 
ance shall  be  made  available  under  this  chapter  to  any  government 
or  political  subdivision  or  agency  of  such  government  which  will  be 
used  to  compensate  owners  for  expropriated  or  nationalized  prop- 
erty and,  upon  finding  by  the  President  that  such  assistance  has 
been  used  by  any  government  for  such  purpose,  no  further  assistance 
under  this  chapter  shall  be  furnished  to  such  government  until 
appropriate  reimbursement  is  made  to  the  United  States  for  sums  so 
diverted. 

(h)  Regulations  and  procedures  to  insure  aid  is  not  used  contrary 
to  the  best  interest  of  the  United  States. 

The  President  shall  adopt  regulations  and  establish  procedures  to 
insure  that  United  States  foreign  aid  is  not  used  in  a  manner  which, 
contrary  to  the  best  interests  of  the  United  States,  promotes  or  as- 
sists the  foreign  aid  projects  or  activities  of  the  Communist-bloc 
countries. 

(i)  Denial  of  assistance  to  countries  preparing  for  aggressive  mil- 
itary efforts. 

No  assistance  shall  be  provided  under  this  chapter  or  any  other 
Act,  and  no  sales  shall  be  made  under  the  Agricultural  Trade  Devel- 
opment and  Assistance  Act  of  1954,  to  any  country  which  the  Presi- 
dent determines  is  engaging  in  or  preparing  for  aggressive  military 
efforts,  or  which  hereafter  is  officially  represented  at  any  interna- 
tional conference  when  that  representation  includes  the  planning  of 


274 


activities  involving  insurrection  or  subversion,   which  military 
efforts,  insurrection,  or  subversion,  are  directed  against — 
m  the  United  States, 

(2)  any  country  receiving  assistance  under  this  chapter  or 
any  other  Act,  or 

(3)  any  country  to  which  sales  are  made  under  the  Agricul- 
tural Trade  Development  and  Assistance  Act  of  1954, 

until  the  President  determines  that  such  military  efforts  or  prepara- 
tions have  ceased,  or  such  representation  has  ceased,  and  he  reports 
to  the  Congress  that  he  has  received  assurances  satisfactory  to  him 
that  sucli  military  efforts  or  preparations  will  not  be  renewed,  or 
that  such  representation  will  not  be  renewed  or  repeated.  This 
restriction  may  not  be  waived  pursuant  to  any  authority  contained 
in  this  chapter. 

(j)  Damage  or  destruction  by  mob  action  of  United  States  prop- 
erty ;  termination  of  assistance. 

The  President  shall  consider  terminating  assistance  under  this 
chapter  or  any  other  Act  to  any  country  which  permits,  or  fails  to 
take  adequate  measures  to  prevent,  the  damage  or  destruction  by 
mob  action  of  United  States  property  within  such  country,  and  fails 
to  take  appropriate  measures  to  prevent  a  recurrence  thereof  and  to 
provide  adequate  compensation  for  such  damage  or  destruction. 

(k)  Maximum  amount  of  assistance,  including  military  assistance  to 
individual  countries  without  approval  of  or  presentation  to  Congress. 

Without  the  express  approval  of  Congress,  no  assistance  shall  be 
furnished  under  this  chapter  to  any  country  for  construction  of  any 
productive  enterprise  with  respect  to  which  the  aggregate  value  of 
assistance  to  be  furnished  by  the  United  States  will  exceed 
$100,000,000.  Except  as  otherwise  provided  in  section  2318  of  this 
title,  no  military  assistance  shall  be  furnished  to  any  country  under 
this  chapter  for  carrying  out  any  program,  with  respect  to  which 
the  aggregate  value  of  assistance  to  be  furnished  beginning  July  1, 
1966,  by  the  United  States  will  exceed  $100,000,000  unless  such  pro- 
gram has  been  included  in  the  presentation  to  the  Congress  during 
its  consideration  of  authorizations  for  appropriations  under  this 
chapter  or  of  appropriations  pursuant  to  authorizations  contained  in 
this  chapter.  No  provision  of  this  chapter  or  any  other  Act  shall  be 
construed  to  authorize  the  President  to  waive  the  provisions  of  this 
subsection. 

(1)  Institution  of  investment  guaranty  program. 
The  President  shall  consider  denying  assistance  under  this  chapter 
to  the  government  of  any  less  developed  country  which,  after 
December  31,  1966,  has  failed  to  enter  into  an  agreement  with  the 
President  to  institute  the  investment  guaranty  program  under  sec- 
tion 2181(b)(1)  of  this  title,  providing  protection  against  the  spe- 
cific risks  of  inconvertibility  under  subparagraph  (A),  and  expro- 


(m)  Grants  to  nations  able  to  sustain  burden  of  defense  and  eco- 
nomic growth. 

[Emphasis  supplied.] 


priation  or  confiscation  under 
2181(b)(1). 


275 


No  assistance  shall  be  furnished  on  a  grant  basis  under  this  chap- 
ter to  any  economically  developed  nation  capable  of  sustaining  its 
own  defense  burden  and  economic  growth,  except  (1) i  to  fulfill  firm 
commitments  made  prior  to  July  1,  1963,  or  (2)  additional  orienta- 
tion and  training  expenses  under  subchapter  II  hereof  during  each 
fiscal  year  in  an  amount  not  to  exceed  $500,000. 

(n)  Prohibition  of  assistance  to  countries  engaged  in  North  Viet- 
nam trade. 

No  loans,  credits,  guaranties,  or  grants  or  other  assistance  shall  be 
furnished  under  this  chapter  or  any  other  Act,  and  no  sales  shall  be 
made  under  the  Agricultural  Trade  Development  and  Assistance  Act 
of  1954,  to  any  country  which  sells  or  furnishes  to  North  Vietnam, 
or  which  permits  ships  or  aircraft  under  its  registry  to  transport  to 
or  from  North  Vietnam,  any  equipment,  materials,  or  commodities, 
so  long  as  the  regime  in  North  Vietnam  gives  support  to  hostilities 
in  South  Vietnam. 

(o)  Exclusion  from  assistance  of  countries  seizing  or  imposing 
penalties  or  sanctions  against  United  States  fishing  vessels. 

In  determining  whether  or  not  to  furnish  assistance  under  this 
chapter,  consideration  shall  be  given  to  excluding  from  such  assist- 
ance any  country  which  hereafter  seizes,  or  imposes  any  penalty  or 
sanction  against,  any  United  States  fishing  vessel  on  account  of  its 
fishing  activities  in  international  waters.  The  provisions  of  this 
subsection  shall  not  be  applicable  in  any  case  governed  by  interna- 
tional agreement  to  which  the  United  States  is  a  party. 

(p)  United  Arab  Republic  to  receive  assistance  if  essential  to 
national  interest  of  United  States  and  of  no  aid  to  aggressive 
actions;  reports  to  Congressional  committees. 

No  assistance  shall  be  furnished  under  this  chapter  to  the  United 
Arab  Republic  unless  the  President  finds  and  reports  within  thirty 
days  of  such  finding  to  the  Committee  on  Foreign  Relations  of  the 
Senate  and  the  Speaker  of  the  House  of  Representatives  that  such 
assistance  is  essential  to  the  national  interest  of  the  United  States, 
and  further  that  such  assistance  will  neither  directly  nor  indirectly 
assist  aggressive  actions  by  the  United  Arab  Republic. 

(q)  Defaults  in  principal  or  interest  payments  on  loans;  meeting 
obligations  under  loans;  notice  to  Congressional  committees. 

No  assistance  shall  be  furnished  under  this  chapter  to  any  country 
which  is  in  default,  during  a  period  in  excess  of  six  calendar 
months,  in  payment  to  the  United  States  of  principal  or  interest  on 
any  loan  made  to  such  country  under  this  chapter,  unless  such  coun- 
try meets  its  obligations  under  the  loan  or  unless  the  President 
determines  that  assistance  to  such  country  is  in  the  national  interest 
and  notifies  the  Speaker  of  the  House  of  Representatives  and  the 
Committee  on  Foreign  Relations  of  the  Senate  of  such  determina- 
tion. 

(r)  Liability  for  repayment  of  principal  or  interest  on  loans  out- 
standing after  September  19,  1966. 

No  recipient  of  a  loan  made  under  the  authority  of  this  chapter, 
any  part  of  which  is  outstanding  on  or  after  September  19,  1966, 
shall  be  relieved  of  liability  for  the  repayment  of  any  part  of  the 
principal  of  or  interest  on  such  loan. 


276 


(s)  Restraint  of  arms  races  and  proliferation  of  sophisticated 
weapons^  ^  ^  restrain  arms  races  and  proliferation  of  sophisti- 
cated weapons,  and  to  ensure  that  resources  ^^p""™ 
development  are  not  diverted  to  military  purposes,  the  President 
shall  take  into  account  before  furnishing  development  loans,  Alli- 
ance loans  or  supporting  assistance  to  any  country  under  this  chap- 
ter, and  before  makinglales  under  the  Agricultural  Trade  Develop- 
ment and  Assistant  Act  of  1954,  as  amended : 

(A)  the  percentage  of  the  recipient  or  purchasing  country  s 
budget  which  is  devoted  to  military  purposes; 

(B)  the  degree  to  which  the  recipient  or  purchasing  country 
in  using  its  foreign  exchange  resources  to  acquire  military 
equipment;  and  .  .  .  , 

(C)  the  amount  spent  by  the  recipient  or  purchasing  country 
for  the  purchase  of  sophisticated  weapons  systems,  such  as  mis- 
sile systems  and  jet  aircraft  for  military  purposes,  from  any 
country.  ,  , 

(2)  The  President  shall  report  annually  to  the  Speaker  ol  tne 
House  of  Representatives  and  the  Committee  on  Foreign  Relations 
of  the  Senate  his  actions  in  carrying  out  this  provision. 

(t)  Diplomatic  relations;  severance,  resumption,  and  negotiation 
of  agreements. 

No  assistance  shall  be  furnished  under  this  chapter  or  any  other 
Act,  and  no  sales  shall  be  made  under  the  Agricultural  Trade  Devel- 
opment and  Assistance  Act  of  1954,  in  or  to  any  country  which  has 
severed  or  hereafter  severs  diplomatic  relations  with  the  United 
States  or  with  which  the  United  States  has  severed  or  hereafter 
severs  diplomatic  relations  unless  (1)  diplomatic  relations  have  been 
resumed  with  such  country  and  (2)  agreements  for  the  furnishing  of 
such  assistance  or  the  making  of  such  sales,  as  the  case  may  be,  have 
been  negotiated  and  entered  into  after  the  resumption  of  diplomatic 
relations  with  such  country. 

(u)  Status  of  country  with  respect  to  obligations  to  the  United 
Nations ;  report  to  Congress. 

In  any  decision  to  provide  or  continue  to  provide  any  program  of 
assistance  to  any  country  under  the  Foreign  Assistance  Act  of  1961, 
as  amended,  there  shall  be  taken  into  account  the  status  of  the  coun- 
try with  respect  to  its  dues,  assessments,  and  other  obligations  to  the 
United  Nations;  and  where  such  country  is  delinquent  with  respect 
to  any  such  obligations  for  the  purposes  of  the  first  sentence  of  Arti- 
cle 19  of  the  United  Nations  Charter,  the  President  shall  furnish  the 
Committee  on  Foreign  Relations  of  the  Senate  and  the  Speaker  of 
the  House  of  Representatives  a  report  setting  forth  the  assurance 
given  by  the  government  of  the  country  concerned  of  paying  all  of 
its  arrearages  and  of  placing  its  payments  of  such  obligations  on  a 
current  basis,  or  a  full  explanation  of  the  unusual  or  exceptional  cir- 
cumstances which  render  it  economically  incapable  of  giving  such 
assurance.  (Pub.  L.  87-195,  pt.  Ill,  §  620,  Sept.  4,  1961,  75  Stat. 
444;  Pub.  L.  87-565,  pt.  Ill,  §  301(d),  Aug.  1,  1962,  76  Stat.  260; 
Pub.  L.  88-205,  pt.  Ill,  §  301(e),  Dec  16,  1963,  77  Stat.  386;  Pub. 

[Emphasis  supplied.] 


277 


L.  88-633,  pt.  Ill,  §  301(d)-(g),  Oct.  7,  1964,  78  Stat  1013;  Pub. 
L.  89-171,  pt.  Ill,  §  301(d),  Sept.  6,  1965,  79  Stat.  659;  Pub.  L. 

89-  583,  pt.  Ill,  §  301(h),  Sept.  19,  1966,  80  Stat.  805,  806;  Pub.  L. 

90-  137,  pt.  Ill,  §  301(f),  Nov.  14,  1967,  81  Stat.  459;  Pub.  L. 

90-  554,  pt.  Ill,  §  301(c).  Oct.  8,  1968,  82  Stat.  963;  Pub.  L. 

91-  175,  pt.  Ill,  §  303,  Bee.  30,  1969,  83  Stat.  820.  ) 

— N  0  T  E — 

Excef.pt  From  House  Kept.  1818,  87th  Cong.,  1st  Sess.  (1961) 

The  managers  on  the  part  of  the  House  accepted  the 
Senate  provision  which  does  not  enumerate  specific  coun- 
tries. The  language  agreed  to  clearly  expresses  the  require- 
ment that  no  assistance  shall  be  furnished  to  the  govern- 
ment of  any  country  unless  the  President  determines  that 
such  country  is  not  dominated  or  controlled  by  the  interna- 
tional Communist  movement.  It  is  believed  that  the  Execu- 
tive should  be  given  full  responsibility  for  determining 
whether  or  not  any  country  is  dominated  or  controlled  by 
the  international  Communist  movement  and  should  be 
required  to  maintain  continuous  vigilance  with  respect  to 
this  matter  and  make  adjustments  in  its  policy  whenever 
necessary.  Consideration  was  given  to  the  possibility  that 
the  enumeration  of  specific  countries  might  relieve  the 
Executive  of  a  certain  amount  of  responsibility  and  might 
make  the  Executive  less  zealous  in  including  additional  gov- 
ernments in  the  list  when  changes  occurred  altering  their 
relationship  to  the  Soviet  Union. 

The  managers  on  the  part  of  the  House  accepted  the  pro- 
vision of  section  642  of  the  Senate  bill  which  continues  in 
effect  section  143  of  the  existing  Mutual  Security  Act 
requiring  specified  assurances  as  a  condition  of  assistance  to 
Yugoslavia. 

ASSISTANCE  TO  AND  TRADE  WITH  CUBA    (SEC.   620  (a)) 

Section  618  of  the  House  amendment  provided  that  no 
assistance  would  be  furnished  to  the  present  Government  of 
Cuba ;  the  President  is  authorized  to  establish  and  maintain 
a  total  embargo  on  trade  by  the  United  States  and  Cuba; 
and  the  furnishing  of  assistance  to  any  country  which  fur- 
nished assistance  to  the  present  Government  of  Cuba  was 
prohibited,  unless  the  President  determined  such  assistance 
was  in  the  national  and  hemispheric  interests  of  the  United 
States. 

The  Senate  bill  retained  section  552  of  the  Mutual  Secu- 
rity Act  of  1954,  as  amended,  which  provided  simply  that 
no  assistance  should  be  furnished  to  Cuba  under  this  Act 
after  the  date  of  enactment  of  the  Mutual  Security  Act  of 
1960  unless  the  President  determined  that  the  assistance  was 


[Emphasis  supplied.] 


278 


in  the  national  and  hemispheric  interests  of  the  United 
States. 

The  managers  on  the  part  of  the  House  receded  from  the 
requirement  that  no  assistance  should  be  furnished  any 
country  which  furnished  assistance  to  the  present  Govern- 
ment of  Cuba,  recognizing  that  a  finding  based  upon 
national  interest  and  hemispheric  interests  could  be  conflict- 
ing. It  might  well  be  that  to  continue  assistance  to  a  coun- 
try outside  the  Western  Hemisphere  would  be  in  the 
national  interest  but  would  not  involve  the  hemispheric 
interest.  Therefore,  the  Senate  position  regarding  the  elimi- 
nation of  this  requirement  was  accepted. 


22  U.S.C.  2410.  Sale  of  supersonic  planes  to  Israel 

It  is  the  sense  of  the  Congress  that  the  President  should  take  such 
steps  as  may  be  necessary,  as  soon  as  practicable  after  October  8, 
1968,  to  negotiate  an  agreement  with  the  Government  of  Israel  pro- 
viding for  the  sale  by  the  United  States  of  such  number  of  super- 
sonic planes  as  may  be  necessary  to  provide  Israel  with  an  adequate 
deterrent  force  capable  of  preventing  future  Arab  aggression  by 
offsetting  sophisticated  weapons  received  by  the  Arab  States  and  to 
replace  losses  suffered  by  Israel  in  the  1967  conflict.  (Pub.  L. 
87-195,  pt.  Ill,  §  651,  as  added  Pub.  L.  90-554,  pt.  Ill,  §  303,  Oct.  8, 
1968,  82  Stat.  966.) 

—NOTE- 
EXCERPT  From  Senate  Reft.  1479,  90th  Cong.,  2d  Sess.  (1968) 

SALE  OF  SUPERSONIC  PLANES  TO  ISRAEL 

The  bill  adds  a  new  section  651  to  the  act  expressing  the 
sense  of  Congress  that  the  United  States  should  sell  to 
Israel  such  number  of  supersonic  planes  as  may  be  neces- 
sary "to  provide  Israel  with  an  adequate  deterrent  force 
capable  of  preventing  future  Arab  aggression  by  offsetting 
sophisticated  weapons  received  by  the  Arab  States  and  to 
replace  losses  suffered  by  Israel  in  the  1967  conflict." 

The  section  is  a  statement  of  policy.  The  committee  has  in 
mind  a  cash  sale  for  dollars,  but  the  precise  terms,  as  well 
as  the  number  and  type  of  aircraft,  are  left  to  the  discre- 
tion of  the  President. 


Title  25 — Indians 


25  U.S.C.  72.  Abrogation  of  treaties 

Whenever  the  tribal  organization  of  any  Indian  tribe  is  in  actual 
hostility  to  the  United  States,  the  President  is  authorized,  by  procla- 
mation, to  declare  all  treaties  with  such  tribe  abrogated  by  such 

[Emphasis  supplied.] 


279 


tribe  if  in  his  opinion  the  same  can  be  done  consistently  with  good 
faith  and  legal  and  national  obligations.  (R.S.  §  2080.) 


Title  26 — Internal  Revenue  Code 


26  U.S.C.  168.  Amortization  of  emergency  facilities 

(a)  General  rule. 

Every  person,  at  his  election,  shall  be  entitled  to  a  deduction  with 
respect  to  the  amortization  of  the  adjusted  basis  (for  determining 
gain)  of  any  emergency  facility  (as  denned  in  subsection  (d)),  based 
on  a  period  of  60  months.  Such  amortization  deduction  shall  be  an 
amount,  with  respect  to  each  month  of  such  period  within  the  taxa- 
ble year,  equal  to  the  adjusted  basis  of  the  facility  at  the  end  of 
such  month  divided  by  the  number  of  months  (including  the  month 
for  which  the  deduction  is  computed)  remaining  in  the  period.  Such 
adjusted  basis  at  the  end  of  the  month  shall  be  computed  without 
regard  to  the  amortization  deduction  for  such  month.  The  amortiza- 
tion deduction  above  provided  with  respect  to  any  month  shall, 
except  to  the  extent  provided  in  subsection  (f),  be  in  lieu  of  the 
depreciation  deduction  with  respect  to  such  facility  for  such  month 
provided  by  section  167.  The  60-month  period  shall  begin  as  to  any 
emergency  facility,  at  the  election  of  the  taxpayer,  with  the  month 
following  the  month  in  which  the  facility  was  completed  or 
acquired,  or  with  the  succeeding  taxable  year. 

(b)  Election  of  amortization. 

The  election  of  the  taxpayer  to  take  the  amortization  deduction 
and  to  begin  the  60-month  period  with  the  month  following  the 
month  in  which  the  facility  was  completed  or  acquired,  or  with  the 
taxable  year  succeeding  the  taxable  year  in  which  such  facility  was 
completed  or  acquired,  shall  be  made  by  filing  with  the  Secretary  or 
his  delegate,  in  such  manner,  in  such  form,  and  within  such  time,  as 
the  Secretary  or  his  delegate  may  by  regulations  prescribe,  a  state- 
ment of  such  election. 

(c)  Termination  of  amortization  deduction. 

A  taxpayer  which  has  elected  under  subsection  (b)  to  take  the 
amortization  deduction  provided  in  subsection  (a)  may,  at  any  time 
after  making  such  election,  discontinue  the  amortization  deduction 
with  respect  to  the  remainder  of  the  amortization  period,  such  dis- 
continuance to  begin  as  of  the  beginning  of  any  month  specified  by 
the  taxpayer  in  a  notice  in  writing  filed  with  the  Secretory  or  his 
delegate  before  the  beginning  of  such  month.  The  depreciation 
deduction  provided  under  section  167  shall  be  allowed,  beginning 
with  the  first  month  as  to  which  the  amortization  deduction  does  not 
apply  and  the  taxpayer  shall  not  be  entitled  to  any  further  amorti- 
zation deduction  with  respect  to  such  emergency  facility. 

(d)  Definitions. 

(1)  Emergency  facility. 


280 


For  purposes  of  this  section,  the  term  "emergency  facility 
means  any  facility,  land,  building,  machinery,  or  equipment,  or 
any  part  thereof,  the  construction,  reconstruction,  erection, 
installation,  or  acquisition  of  which  was  completed  after  Decem- 
ber 81,  1949,  and  with  respect  to  which  a  certificate  under 
subsection  (e)  has  been  made.  In  no  event  shall  an  amortization 
deduction  be  allowed  in  respect  of  any  emergency  facility  for 
any  taxable  year  unless  a  certificate  in  respect  thereof  under  this 
paragraph  shall  have  been  made  before  the  filing  of  the  taxpay- 
er's return  for  such  taxable  year. 

(2)  Emergency  period. 

For  purposes  of  this  section,  the  term  ''emergency  period" 
means  the  period  beginning  January  1,  1950,  and  ending  on  the 
date  on  which  the  President  proclaims  that  the  utilization  of  a 
substantial  portion  of  the  emergency  facilities  with  respect  to 
which  certifications  under  subsection  (e)  have  been  made  is  no 
longer  required  in  the  interest  of  national  defense. 

(e)  Determination  of  adjusted  basis  of  emergency  facility. 

In  determining,  for  purposes  of  subsection  (a)  or  (g),  the 
adjusted  basis  of  an  emergency  facility — 

( 1 )  Certification  on  or  before  August  22, 1957. 

In  the  case  of  a  certificate  made  on  or  before  August  22, 1957, 
there  shall  be  included  only  so  much  of  the  amount  of  the 
adjusted  basis  of  such  facility  (computed  without  regard  to  this 
section)  as  is  properly  attributable  to  such  construction,  recon- 
struction, erection,  installation,  or  acquisition  after  December 
31,  1949,  as  the  certifying  authority,  designated  by  the  President 
by  Executive  Order,  has  certified  as  necessary  in  the  interest  of 
national  defense  during  the  emergency  period,  and  only  such 
portion  of  such  amount  as  such  authority  has  certified  as  attrib- 
utable to  defense  purposes.  Such  certification  shall  be  under 
such  regulations  as  may  be  prescribed  from  time  to  time  by  such 
certifying  authority  with  the  approval  of  the  President.  An 
application  for  a  certificate  must  be  filed  at  such  time  and  in 
such  manner  as  may  be  prescribed  by  such  certifying  authority 
under  such  regulations,  but  in  no  event  shall  such  certificate 
have  any  effect  unless  an  application  therefor  is  filed  before 
March  24,  1951,  or  before  the  expiration  of  6  months  after  the 
beginning  of  such  construction,  reconstruction,  erection,  or 
installation  or  the  date  of  such  acquisition,  whichever  is  later. 

(2)  Certifications  after  August  22, 1957. 

In  the  case  of  a  certificate  made  after  August  22,  1957,  there 
shall  be  included  only  so  much  of  the  amount  of  the  adjusted 
basis  of  such  facility  (computed  without  regard  to  this  section) 
as  is  properly  attributable  to  such  construction,  reconstruction, 
erection,  installation,  or  acquisition  after  December  31,  1949,  as 
the  certifying  authority  designated  by  the  President  by  Execu- 
tive order,  has  certified  is  to  be  used — 

(A)  to  produce  now  or  specialized  defense  items  or  com- 
ponents of  new  or  specialized  defense  items  (as  defined  in 
paragraph  (4)  during  the  emergency  period, 


281 


(B)  to  provide  research,  developmental,  or  experimental 
services  during  the  emergency  period  for  the  Department  of 
Defense-  (or  one  of  the  component  departments  of  such 
Department),  or  for  the  Atomic  Energy  Commission,  as  a 
part  of  the  national  defense  program,  or 

(C)  to  provide  primary  processing  for  uranium  ore  or 
uranium  concentrate  under  a  program  of  the  Atomic 
Energy  Commission  for  the  development  of  new  sources  of 
uranium  ore  or  uranium  concentrate, 

and  only  such  portion  of  such  amount  as  such  authority  has  cer- 
tified is  attributable  to  the  national  defense  program.  Such  cer- 
tification shall  be  under  such  regulations  as  may  be  prescribed 
from  time  to  time  by  such  certifying  authority  with  the 
approval  of  the  President.  An  application  for  a  certificate  must 
be  filed  at  such  time  and  in  such  manner  as  may  be  prescribed 
by  such  certifying  authority  under  such  regulations  but  in  no 
event  shall  such  certificate  have  any  effect  unless  an  application 
therefor  is  filed  before  the  expiration  of  6  months  after  the 
beginning  of  such  construction,  reconstruction,  erection,  or 
installation  or  the  date  of  such  acquisition.  For  purposes  of  the 
preceding  sentence,  an  application  which  was  timely  filed  under 
this  subsection  on  or  before  August  22,  1957,  and  which  was 
pending  on  such  date,  shall  be  considered  to  be  an  application 
timely  filed  under  this  paragraph. 

(3)  Separate  facilities ;  special  rule. 

After  the  completion  or  acquisition  of  any  emergency  facility 
with  respect  to  which  a  certificate  under  paragraph  (1)  or  (2) 
has  been  made,  any  expenditure  (attributable  to  such  facility 
and  to  the  period  after  such  completion  or  acquisition)  which 
does  not  represent  construction,  reconstruction,  erection,  installa- 
tion, or  acquisition  included  in  such  certificate,  but  with  respect 
to  which  a  separate  certificate  is  made  under  paragraph  (1)  or 
(2),  shall  not  be  applied  in  adjustment  of  the  basis  of  such 
facility,  but  a  separate  basis  shall  be  computed  therefor  pur- 
suant to  paragraph  (1)  or  (2),  as  the  case  may  be,  as  if  it  were 
a  new  and  separate  emergency  facility. 

(4)  Definitions. 

For  purposes  of  paragraph  (2) — 

(A)  New  or  specialized  defense  item. 

The  term  "new  or  specialized  defense  item"  means  only 
an  item  (excluding  services) — 

(i)  which  is  produced,  or  will  be  produced,  for  sale 
to  the  Department  of  Defense  (or  one  of  the  component 
departments  of  such  Department),  or  to  the  Atomic 
Energy  Commission,  for  use  in  the  national  defense 
program,  and 

(li)  for  the  production  of  which  existing  productive 
facilities  are  unsuitable  because  of  its  newness  or  of  its 
specialized  defense  features. 

(B)  Component  of  new  or  specialized  defense  item. 

The  term  component  of  a  new  or  specialized  defense  item 
means  only  an  item — 


282 


(i)  which  is,  or  will  become,  a  physical  part  of  a  new 
or  specialized  defense  item,  and 

(li)  for  the  production  of  which  existing  productive 
facilities  are  unsuitable  because  of  its  newness  or  of  its 
specialized  defense  features. 
(5)  Limitation  with  respect  to  uranium  ore  or  uranium  concen- 
trate processing  facilities. 

No  certificate  shall  be  made  under  paragraph  (2)  (C)  with 
respect  to  any  facility  unless  existing  facilities  for  processing 
the  uranium  ore  or  uranium  concentrate  which  will  be  processed 
by  such  facility  are  unsuitable  because  of  their  location. 

(f)  Depreciation  deduction. 

If  the  adjusted  basis  of  the  emergency  facility  (computed  without 
regard  to  this  section)  is  in  excess  of  the  adjusted  basis  computed 
under  subsection  (e),  the  depreciation  deduction  provided  by  section 
167  shall,  despite  the  provisions  of  subsection  (a)  of  this  section,  be 
allowed  with  respect  to  such  emergency  facility  as  if  its  adjusted 
basis  for  the  purpose  of  such  deduction  were  an  amount  equal  to  the 
amount  of  such  excess. 

(g)  Payment  by  United  States  of  unamortized  cost  of  facility. 

If  an  amount  is  properly  includible  in  the  gross  income  of  the 
taxpayer  on  account  of  a  payment  with  respect  to  an  emergency 
facility  and  such  payment  is  certified  as  provided  in  paragraph  (1), 
then,  at  the  election  of  the  taxpayer  in  its  return  for  the  taxable 
year  in  which  such  amount  is  so  includible — 

(1)  The  amortization  deduction  for  the  month  in  which  such 
amount  is  so  includible  shall  (in  lieu  of  the  amount  of  the 
deduction  for  such  month  computed  under  subsection  (a))  be 
equal  to  the  amount  so  includble  but  not  in  excess  of  the 
adjusted  basis  of  the  emergency  facility  as  of  the  end  of  such 
month  (computed  without  regard  to  any  amortization  deduction 
for  such  month).  Payments  referred  to  in  this  subsection  shall 
be  payments  the  amounts  of  which  are  certified,  under  such  reg- 
ulations as  the  President  may  prescribe,  by  the  certifying 
authority  designated  by  the  President  as  compensation  to  the 
taxpayer  for  the  unamortized  cost  of  the  emergency  facility 
made  because — 

(A)  a  contract  with  the  United  States  involving  the  use 
of  the  facility  has  been  terminated  by  its  terms  or  by  can- 
cellation, or 

(B)  the  taxpayer  had  reasonable  ground  (either  from 
provisions  of  a  contract  with  the  United  States  involving 
the  use  of  the  facility,  or  from  written  or  oral  representa- 
tions made  under  authority  of  the  United  States)  for  antic- 
ipating future  contracts  involving  the  use  of  the  facility, 
which  future  contracts  have  not  been  made. 

(2)  In  case  the  taxpayer  is  not  entitled  to  any  amortization 
deduction  with  respect  to  the  emergency  facility,  the  deprecia- 
tion deduction  allowable  under  section  167  on  account  of  the 
month  in  which  such  amount  is  so  includible  shall  be  increased 
by  such  amount,  but  such  deduction  on  account  of  such  month 
shall  not  be  m  excess  of  the  adjusted  basis  of  the  emergency 


283 


facility  as  of  the  end  of  such  month  (computed  without  regard 
to  any  amount  allowable,  on  account  of  such  month,  under  sec- 
tion 167  or  this  paragraph). 

(h)  Life  tenant  and  remainderman. 

In  the  case  of  property  held  by  one  person  for  life  with  remainder 
to  another  person,  the  deduction  shall  be  computed  as  if  the  life 
tenant  were  the  absolute  owner  of  the  property  and  shall  be  allowable 
to  the  life  tenant. 

(i)  Termination. 

No  certificate  under  subsection  (e)  shall  be  made  with  respect  to 
any  emergency  facility  after  December  31, 1959. 
(j)  Cross  reference. 

For  special  rule  with  respect  to  gain  derived  from  the  sale  or 
exchange  of  property  the  adjusted  basis  of  which  is  determined  with 
regard  to  this  section,  see  section  1238. 

(Aug.  16,  1954,  ch.  736,  68A  Stat.  52;  Aug.  26,  1957,  Pub.  L. 
85-165,  §  4,  71  Stat.  414;  Sept.  2,  1958,  Pub.  L.  85-866,  title  I,  §  9 
(a),  (b),  72  Stat.  1608, 1609.) 

— NOTE— 

Excerpt  From  Senate  Reft.  836  (Minority),  85th  Cong., 
1st  Sess.  (1957) 

SECTION  4 — limitation  on  emergency  amortization 

Section  4  of  the  bill  amends  section  168  of  the  Internal 
Revenue  Code  of  1954,  which  relates  to  the  rapid  amortiza- 
tion of  emergency  facilities.  Subsection  (a)  amends  subsec- 
tion (e)  (1)  of  section  168,  which  contains  the  authorization 
for  the  certifying  authority  designated  by  the  President  to 
certify  for  emergency  amortization  such  facilities  as  are 
"necessary  in  the  interest  of  national  defense  during  the 
emergency  period."  The  amendment  limits  this  broad 
authorization  to  certifications  made  on  or  before  August  22, 
1957.  This  termination  will  have  no  effect  on  the  status  of 
certificates  issued  prior  to  that  date.  If  a  taxpayer  who  was 
granted  a  certificate  prior  to  August  22,  1957,  then  acquires 
a  facility  so  different  from  the  facility  described  in  the 
original  certificate  as  to  require,  under  regulations  of  the 
Office  of  Defense  Mobilization  a  new  application  for  an 
amended  certificate  then  the  new  application,  if  acted  upon 
after  August  22,  1957,  will  be  subject  to  paragraph  (2). 
Similarly,  renewal,  after  August  22,  1957,  of  a  certificate 
which  has  expired  prior  to  its  renewal  will  be  subject  to 
paragraph  (2). 

Subsection  (b)  inserts  a  new  paragraph  (2)  in  section  168 
(e)  to  provide  the  conditions  upon  which  certifications  for 
rapid  amortization  may  be  made  after  August  22,  1957.  In 
general,  the  new  subsection  (2)  follows  the  concepts  of  the 
present  subsection  (1)  except  that  more  specific  conditions 


[Emphasis  supplied.] 


284 


for  certifiability  are  inserted  in  lieu  of  the  present  concept 
"necessary  in  the  interest  of  national  defense."  For  certifi- 
cation after  August  22,  the  facilities  must  be  planned  to 
produce  new  or  specialized  defense  items  (as  denned  in  par. 
i) ,  or  components  thereof,  during  the  emergency  period,  or 
to  provide  research,  developmental  or  experimental  services 
for  the  Department  of  Defense  or  one  of  its  components  or 
for  the  Atomic  Energy  Commission  in  connection  with 
their  national  defense  programs.  The  certifications  for  facil- 
ities to  perform  research,  developmental  or  experimental 
services  may  not  be  made  for  facilities  connected  with  the 
civil  functions  of  the  Defense  Department  or  in  connection 
with  work  on  peacetime  usage  of  atomic  energy  that  might 
be  undertaken  by  the  Atomic  Energy  Commission. 


26  U.S.C.  7508.  Time  tor  performing  certain  acts  postponed  by 

REASON  OP  WAR 

(a)  Time  to  be  disregarded. 

In  the  case  of  an  individual  serving  in  the  Armed  Forces  of  the 
United  States,  or  serving  in  support  of  such  Armed  Forces,  in  an 
area  designated  by  the  President  of  the  United  States  by  Executive 
order  as  a  "combat  zone"  for  purposes  of  section  112,  at  any  time 
during  the  period  designated  by  the  President  by  Executive  order  as 
the  period  of  combatant  activities  in  such  zone  for  purposes  of  such 
section,  or  hospitalized  outside  the  States  of  the  Union  and  the  Dis- 
trict of  Columbia  as  a  result  of  injury  received  while  serving  in  such 
an  area  during  such  time,  the  period  of  service  in  such  area,  plus  the 
period  of  continuous  hospitalization  outside  the  States  of  the  Union 
and  the  District  of  Columbia  attributable  to  such  injury,  and  the 
next  180  days  thereafter,  shall  be  disregarded  in  determining,  under 
the  internal  revenue  laws,  in  respect  of  any  tax  liability  (including 
any  interest,  penalty,  additional  amount,  or  addition  to  the  tax)  of 
such  individual — 

(1)  Whether  any  of  the  following  acts  was  performed  within 
the  time  prescribed  therefor: 

(A)  Filing  any  return  of  income,  estate,  or  gift  tax 
(except  income  tax  withheld  at  source  and  income  tax 
imposed  by  subtitle  C  or  any  law  superseded  thereby) ; 

(B)  Payment  of  any  income,  estate,  or  gift  tax  (except 
income  tax  withheld  at  source  and  income  tax  imposed  by 
subtitle  C  or  any  law  superseded  thereby)  or  any  install- 
ment thereof  or  of  any  other  liability  to  the  United  States 
in  respect  thereof ; 

(C)  Filing  a  petition  with  the  Tax  Court  for  redetermi- 
nation of  a  deficiency,  or  for  review  of  a  decision  rendered 
by  the  Tax  Court ; 

D)  Allowance  of  a  credit  or  refund  of  any  tax ; 

E)  Filing  a  claim  for  credit  or  refund  of  any  tax; 
[Emphasis  supplied.] 


285 


(F)  Bringing  suit  upon  any  such  claim  for  credit  or 
refund ; 

(G)  Assessment  of  any  tax ; 

(H)  Giving  or  making  any  notice  or  demand  for  the 
payment  of  any  tax,  or  with  respect  to  any  liability  to  the 
United  States  in  respect  of  any  tax ; 

(I)  Collection,  by  the  Secretary  or  his  delegate,  by  levy 
or  otherwise,  of  the  amount  of  any  liability  in  respect  of 
any  tax ; 

(J)  Bringing  suit  by  the  United  States,  or  any  officer  on 
its  behalf,  in  respect  of  any  liability  in  respect  of  any  tax ; 
and 

(K)  Any  other  act  required  or  permitted  under  the  inter- 
nal revenue  laws  specified  in  regulations  prescribed  under 
this  section  by  the  Secretary  or  his  delegate; 
(2)  The  amount  of  any  credit  or  refund  (including  interest), 
(b)  Exceptions. 

(1)  Tax  in  jeopardy;  bankruptcy  and  receiverships;  and  trans- 
ferred assets. 

Notwithstanding  the  provisions  of  subsection  (a),  any  action  or 
proceeding  authorized  by  section  6851  (regardless  of  the  taxable 
year  for  which  the  tax  arose) ,  chapter  70,  or  71,  as  well  as  any  other 
action  or  proceeding  authorized  by  law  in  connection  therewith,  may 
be  taken,  begun,  or  prosecuted.  In  any  other  case  in  which  the  Secre- 
tary or  his  delegate  determines  that  collection  of  the  amount  of  any 
assessment  would  be  jeopardized  by  delay,  the  provisions  of  subsec- 
tion (a)  shall  not  operate  to  stay  collection  of  such  amount  by  levy 
or  otherwise  as  authorized  by  law.  There  shall  be  excluded  from  any 
amount  assessed  or  collected  pursuant  to  this  paragraph  the  amount 
of  interest,  penalty,  additional  amount,  and  addition  to  the  tax,  if 
any,  in  respect  of  the  period  disregarded  under  subsection  (a).  In 
any  case  to  which  this  paragraph  relates,  if  the  Secretary  or  his  del- 
egate is  required  to  give  any  notice  to  or  make  any  demand  upon 
any  person,  such  requirement  shall  be  deemed  to  be  satisfied  if  the 
notice  or  demand  is  prepared  and  signed,  in  any  case  in  which  the 
address  of  such  person  last  known  to  the  Secretary  or  his  delegate  is 
in  an  area  for  which  United  States  post  offices  under  instructions  of 
the  Postmaster  General  are  not,  by  reason  of  the  combatant  activi- 
ties, accepting  mail  for  delivery  at  the  time  the  notice  or  demand  is 
signed.  In  such  case  the  notice  or  demand  shall  be  deemed  to  have 
been  given  or  made  upon  the  date  it  is  signed. 

(2)  Action  taken  before  ascertainment  of  right  to  benefits. 

The  assessment  or  collection  of  any  internal  revenue  tax  or  of  any 
liability  to  the  United  States  in  respect  of  any  internal  revenue  tax, 
or  any  action  or  proceeding  by  or  on  behalf  of  the  United  States  in 
connection  therewith,  may  be  made,  taken,  begun,  or  prosecuted  in 
accordance  with  law,  without  regard  to  the  provisions  of  subsection 
(a),  unless  prior  to  such  assessment,  collection,  action,  or  proceeding 
it  is  ascertained  that  the  person  concerned  is  entitled  to  the  benefits 
of  subsection  (a). 

(Aug.  16, 1954,  ch.  736,  68A  Stat.  898.) 


286 

Title  29 — Labor 


29  U.S.C.  176.  National  emergencies  ;  appointment  or  board  of  in- 
quiry by  President;  report;  contents;  filing  with  Service 

Whenever  in  the  opinion  of  the  President  of  the  United  Statet,  a 
threatened  or  actual  strike  or  lockout  affecting  an  entire  industry  or 
a  substantial  part  thereof  engaged  in  trade,  commerce,  transporta- 
tion, transmission,  or  communication  among  the  several  States  or 
with  foreign  nations,  or  engaged  in  the  production  of  goods  for 
commerce,  will,  if  permitted  to  occur  or  to  continue,  imperil  the 
national  health  or  safety,  he  may  appoint  a  board  of  inquiry  to 
inquire  into  the  issues  involved  in  the  dispute  and  to  make  a  written 
report  to  him  within  such  time  as  he  shall  prescribe.  Such  report 
shall  include  a  statement  of  the  facts  with  respect  to  the  dispute, 
including  each  party's  statement  of  its  position  but  shall  not  contain 
any  recommendations.  The  President  shall  file  a  copy  of  such  report 
with  the  Service  and  shall  make  its  contents  available  to  the  public. 
(June  23, 1947,  ch.  120,  title  II,  §  206,  61  Stat.  155.) 

—NOTE- 
EXCERPT  from  House  Reft.  245,  80th  Cono.,  1st  Sess.  (1947) 

Section  206  of  the  Senate  amendment  authorized  the 
Attorney  General,  whenever  he  deemed  that  a  threatened  or 
actual  strike  or  lock-out  affecting  an  entire  industry  would 
imperil  the  national  health  or  safety,  to  appoint  a  board  of 
inquiry  to  inquire  into  the  issues  involved  in  the  dispute. 
The  board  of  inquiry  was  directed  to  investigate  the  matter 
and  make  a  report  to  the  Attorney  General.  The  report  was 
to  include  a  statement  of  facts  and  a  statement  of  the 
respective  positions  of  the  parties,  but  was  not  to  contain 
any  recommendations.  Under  section  206  of  the  conference 
agreement  the  authority  is  lodged  in  the  President  rather 
than  in  the  Attorney  General,  and  the  report  which  the 
board  of  inquiry  is  to  make  is  to  include  each  party's  state- 
ment of  his  own  position.  Like  the  provisions  of  the  Senate 
amendment,  the  report  of  the  board  of  inquiry  cannot  con- 
tain any  recommendations.  Furthermore,  under  the  confer- 
ence agreement  the  authority  of  this  section  may  be  invoked 
not  alone  when  an  entire  industry  is  involved  hut  where  a 
substantial  part  of  an  entire  i